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

Filing 439

ORDER granting 438 Plaintiff's Unopposed Motion to Seal pursuant to Order. Plaintiff is permitted to file under seal a Motion to Compel Complete Compliance with the Court's Order (Doc. 309) for the Production of Documents from Defendant Daniel Carter and for Sanctions. Signed by Magistrate Judge Carol Mirando on 10/26/2016. (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. 438) filed on October 25, 2016. Plaintiff
seeks to file under seal a Motion to Compel Complete Compliance with the Court’s
Order (Doc. 309) for the Production of Documents from Defendant Daniel Carter
(“Carter”) and for Sanctions.

Doc. 438 at 1.

Defendants do not object to the

requested relief. Id. at 2.
As a ground for the present motion, Plaintiff states that the proposed motion
to compel relates to Carter’s deposition, taken on October 5, 2016, which is associated
with the parties’ adversary proceedings in the United States Bankruptcy Court. Id.

During the adversary proceedings, U.S. Bankruptcy Judge K. Rodney May entered
an Agreed Order and Stipulation Regarding Confidential and Privileged Information.

Id.; 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. 438 at 2.
ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff's Unopposed Motion to Seal pursuant to Order (Doc. 438) is

GRANTED. Plaintiff is permitted to file under seal a Motion to Compel Complete
Compliance with the Court’s Order (Doc. 309) for the Production of Documents from
Defendant Daniel Carter and for Sanctions.
DONE and ORDERED in Fort Myers, Florida on this 26th day of October,
2016.

Copies:
Counsel of record

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