Inglis v. Wells Fargo Bank, N.A.

Filing 108

ORDER granting 107 Witness Janice Evans and Defendant's Unopposed Motion to Seal Filing of its Emergency Motion for Protective Order to Stay September 19, 2016 Deposition of Janice Evans and Incorporated Memorandum of Law. The Clerk is di rected to place 106 the Emergency Motion of Witness Janice Evans and Defendant for Protective Order to Stay September 19, 2016 Deposition of Janice Evans, with Incorporated Memorandum of Law under seal. Plaintiff is directed to file an expedited r esponse to 106 the Emergency Motion of Witness Janice Evans and Defendant for Protective Order to Stay September 19, 2016 Deposition of Janice Evans, with Incorporated Memorandum of Law. Plaintiff shall have up to and including September 12, 2016 to file a response. Plaintiff is directed to file a response under seal if the response contains Witness Janice Evan's personal medical information. Signed by Magistrate Judge Carol Mirando on 9/9/2016. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RICHARD K. INGLIS, as Special
Trustee to the trust under the will of
Rosa B. Schweiker, dated February 2,
1961, the Frederick W. Berlinger
Revocable Deed of Trust, dated
10/17/1991, as amended and restated.
Plaintiff,
v.

Case No: 2:14-cv-677-FtM-29CM

WELLS FARGO BANK N.A.,
Defendant.
ORDER
This matter comes before the Court upon review of the Emergency Motion of
Witness Janice Evans and Defendant for Protective Order to Stay September 19, 2016
Deposition of Janice Evans, with Incorporated Memorandum of Law (Doc. 106) and
Witness Janice Evans and Defendant's Unopposed Motion to Seal Filing of its
Emergency Motion for Protective Order to Stay September 19, 2016 Deposition of
Janice Evans and Incorporated Memorandum of Law (Doc. 107) filed on September
8, 2016. Defendant states that Plaintiff opposes the motion to stay the deposition
(Doc. 106), but does not oppose Defendant’s motion to seal (Doc. 107). Docs. 106, 107.
Pursuant to Local Rule 1.09(a),
[u]nless filing under seal is authorized by statute, rule, or order, a party
seeking to file under seal any paper or other matter in any civil case
shall file and serve a motion, the title of which includes the words
“Motion to Seal” and which includes (i) an identification and description
of each proposed for sealing; (ii) the reason that filing each item is

necessary; (iii) the reason that sealing each item is necessary; (iv) the
reason that a means other than sealing is unavailable or unsatisfactory
to preserve the interest advanced by the movant in support of the seal;
(v) a statement of the proposed duration of the seal; and (vi) a
memorandum of legal authority supporting the seal. The movant shall
not file or otherwise tender to the Clerk any item proposed for sealing
unless the Court has granted the motion required by this section.
M.D. Fla. Rule 1.09(a).
Upon review, the Court finds that Defendant has sufficiently identified and
described the document proposed for sealing and sufficiently explained that filing the
document under seal is necessary.
ACCORDINGLY, it is hereby
ORDERED:
1.

Witness Janice Evans and Defendant's Unopposed Motion to Seal Filing

of its Emergency Motion for Protective Order to Stay September 19, 2016 Deposition
of Janice Evans and Incorporated Memorandum of Law (Doc. 107) is GRANTED.
2.

The Clerk is directed to place the Emergency Motion of Witness Janice

Evans and Defendant for Protective Order to Stay September 19, 2016 Deposition of
Janice Evans, with Incorporated Memorandum of Law (Doc. 106) under seal.
3.

Defendant is permitted to file any additional document that contains

Witness Janice Evan’s personal medical information under seal.
4.

Plaintiff is directed to file an expedited response to the Emergency

Motion of Witness Janice Evans and Defendant for Protective Order to Stay
September 19, 2016 Deposition of Janice Evans, with Incorporated Memorandum of
Law (Doc. 106). Plaintiff shall have up to and including September 12, 2016 to file

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a response. Plaintiff is directed to file a response under seal if the response contains
Witness Janice Evan’s personal medical information.
DONE and ORDERED in Fort Myers, Florida on this 9th day of September,
2016.

Copies:
Counsel of record

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