Fiddler's Creek, LLC v. Naples Lending Group LC

Filing 437

ORDER granting 436 Plaintiff's Unopposed Motion to Seal pursuant to Order. Plaintiff is permitted to file under seal the transcript of Daniel Carter's deposition, taken on October 5, 2016, with exhibits. Signed by Magistrate Judge Carol Mirando on 10/25/2016. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN RE: FIDDLER’S CREEK, LLC
FIDDLER’S CREEK, LLC,
Plaintiff,
v.

Case No: 2:14-cv-379-FtM-29CM

NAPLES LENDING GROUP LC
and DANIEL CARTER,
Defendants/Third
Party Plaintiff
AUBREY FERRAO, ANTHONY
DINARDO and WILLIAM
REAGAN,
Third Party Defendants.
_________________________________ /
ORDER
This matter comes before the Court upon review of Plaintiff's Unopposed
Motion to Seal pursuant to Order (Doc. 436) filed on October 25, 2016. Plaintiff
seeks to file under seal the transcript of Daniel Carter’s deposition, taken on October
5, 2016, with exhibits.

Doc. 436 at 1.

Daniel Carter (“Carter”) was deposed

pursuant to the Court’s Order, which directed Carter to make himself available for a
deposition solely related to the financial discovery.

Id. at 2; Doc. 309 at 33.

Defendants do not object to the requested relief. Doc. 436 at 2.
As a ground for the present motion, Plaintiff states that Carter’s deposition
relates to the Order in the parties’ adversary proceedings in the United States

Bankruptcy Court. Id. at 1-2. During the adversary proceedings, U.S. Bankruptcy
Judge K. Rodney May entered an Agreed Order and Stipulation Regarding
Confidential and Privileged Information. Id. at 2; Agreed Order and Stipulation
Regarding Confidential and Privileged Information, In re: Fiddler’s Creek, LLC,
Case. No. 8:11-ap-522-KRM, Doc. No. 141 (Bankr. M.D. Fla. 2013). Plaintiff states
that Carter’s deposition falls under the protections of the Agreed Order and
Stipulation Regarding Confidential and Privileged Information. Doc. 436 at 2.
ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff's Unopposed Motion to Seal pursuant to Order (Doc. 436) is

GRANTED. Plaintiff is permitted to file under seal the transcript of Daniel Carter’s
deposition, taken on October 5, 2016, with exhibits.
DONE and ORDERED in Fort Myers, Florida on this 25th day of October,
2016.

Copies:
Counsel of record

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