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

Filing 450

ORDER granting 446 Defendant Daniel Carter's Unopposed Motion to File Document under Seal pursuant to Order; denying as premature 448 Plaintiff's Motion for Leave to Exceed Twenty-Five (25) Pages. Signed by Magistrate Judge Carol Mirando on 11/28/2016. (LS)

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-PAM-CM

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 Defendant Daniel Carter's
(“Carter”) Unopposed Motion to File Document under Seal pursuant to Order (Doc.
446) filed on November 14, 2016 and Plaintiff’s Motion for Leave to Exceed TwentyFive (25) Pages (Doc. 448) filed on November 18, 2016. Carter seeks to file under
seal his response to Plaintiff’s motion (Doc. 444), and Plaintiff seeks to exceed the
page limit and file a reply. Docs. 446, 448. Plaintiff and Third-Party Defendants
do not oppose Carter’s motion to file under seal. Doc. 446 at 3. Carter opposes
Plaintiff’s motion (Doc. 448). Doc. 449.

On October 25, 2016, Plaintiff filed under seal a Motion to Compel Complete
Compliance with the Court’s Order [DE 309]. Doc. 444. Plaintiff’s motion seeks to
compel Carter’s compliance with the Court’s Order (Doc. 309) and Carter’s production
of documents and to impose sanctions on Carter for his violation of the Court’s Order
(Doc. 309). Doc. 444 at 1.
Carter seeks to file under seal his response to Plaintiff’s motion to compel
compliance. Doc. 446 at 2. Carter states that his proposed response relates to his
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).
Carter states that his deposition falls under the protections of the Agreed Order and
Stipulation Regarding Confidential and Privileged Information.

Doc. 446 at 2.

Based on the above reason, Carter’s motion to file under seal is due to be granted.
Before the Court ruled on Carter’s motion to file his response under seal,
Plaintiff filed a Motion for Leave to Exceed Twenty-Five (25) Pages.

Doc. 448.

Plaintiff states that United States District Judge Paul A. Magnuson 1 ordered moving
parties to file a reply to all pending motions and allowed moving parties to have a
total of twenty-five pages for the motion, memorandum in support, and reply. Docs.

1

This matter was reassigned to Judge Magnuson on November 1, 2016. Doc. 442.

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441 at 2-3, 448 at 2.

Plaintiff asserts that Judge Magnuson’s Order compelled

moving parties to file a reply. Doc. 448 at 2. Plaintiff argues, however, that it needs
the Court’s leave to exceed the page limit and file a reply because Plaintiff’s
memorandum in support of its motion to compel consists of twenty-five pages. Id. at
1.
Here, Plaintiff’s motion is premature for two reasons: first, Plaintiff has not
sought the Court’s leave to file a reply pursuant to Local Rule 3.01(c), and second,
Carter has not filed a response to Plaintiff’s motion (Doc. 444). Plaintiff should be
aware that the undersigned will continue to hear the parties’ motions related to
discovery, such as Plaintiff’s motion to compel compliance with the Court’s discovery
order (Doc. 444).
ACCORDINGLY, it is hereby
ORDERED:
1.

Defendant Daniel Carter’s Unopposed Motion to File Document under

Seal pursuant to Order (Doc. 446) is GRANTED.

Defendant Daniel Carter is

permitted to file under seal a response to Plaintiff’s Motion to Compel Complete
Compliance with the Court’s Order [DE 309] (Doc. 444).
2.

Plaintiff’s Motion for Leave to Exceed Twenty-Five (25) Pages is DENIED

as premature.

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DONE and ORDERED in Fort Myers, Florida on this 28th day of November,
2016.

Copies:
Counsel of record

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