Allen Systems Group, Inc. v. Avon Products, Inc.

Filing 151

ORDER granting 142 Plaintiff's Unopposed Motion to Seal and Incorporated Supporting Memorandum of Law; granting 148 Defendant's Unopposed Motion to Seal. See Order for details. Signed by Magistrate Judge Carol Mirando on 3/20/2018. (HJ)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ALLEN SYSTEMS GROUP, INC., a Delaware corporation Plaintiff, v. Case No: 2:16-cv-121-FtM-38CM AVON PRODUCTS, INC., Defendant. ORDER This matter comes before the Court upon review of Plaintiff’s Unopposed Motion to Seal and Incorporated Supporting Memorandum of Law (Doc. 142) and Defendant’s Unopposed Motion to Seal (Doc. 148) filed on March 19, 2018. Plaintiff seeks to file under seal depositions of certain witnesses and several exhibits to its motions in limine pursuant to the parties’ confidentiality agreement. Doc. 142. Similarly, Defendant seeks to file under seal its unredacted motion in limine and certain exhibits to the accompanying declaration of Benjamin Gruenstein in accordance with the confidentiality agreement. unopposed. Doc. 148. The motions are Docs. 142 at 2, 148 at 2. 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 the parties have sufficiently identified and described the documents proposed for sealing and sufficiently explained that filing the documents under seal is necessary. ACCORDINGLY, it is hereby ORDERED: 1. Plaintiff’s Unopposed Motion to Seal and Incorporated Supporting Memorandum of Law (Doc. 142) is GRANTED. 2. Plaintiff shall have up to and including March 23, 2018 to file under the seal the following documents: • Deposition testimony of Michael Leach: 32:20-33:6; • Deposition testimony of Charles Wilson: 117:2-12; • Deposition testimony of Cheryl Watson Walker: 23:3-6, 23:13-24, 33:213, 139:13-17, 141:17-142:11, 143:3-6, 214:21-215:24, 219:7-222:13, 224:8-226:6, 226:22-227:25; and • 3. Exhibits 7, 10, 11, 12, 13, and 14 to Plaintiff’s Motions in Limine. Defendant’s Unopposed Motion to Seal (Doc. 148) is GRANTED. -2- 4. Defendant shall have up to and including March 23, 2018 to file under the seal its unredacted Motion in Limine and Exhibits 2, 3 and 4 to the accompanying declaration of Benjamin Gruenstein. DONE and ORDERED in Fort Myers, Florida on this 20th day of March, 2018. Copies: Counsel of record -3-

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