Tillman v. Ally Financial Inc.

Filing 115

ORDER granting 112 Defendant's Unopposed Motion to Seal Portions of Ally Financial Inc.'s Opposition to Plaintiff's Second Motion to Compel. Defendant may file under seal its response to Plaintiff's Renewed Motion to Compel Defendant's Production of Discovery (Doc. 107) and the declarations of Aaron Heiner and Diane Accurso on or before April 4, 2017. Signed by Magistrate Judge Carol Mirando on 3/30/2017. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DONELL L. TILLMAN, individually
and on behalf of all others similarly
situated
Plaintiff,
v.

Case No: 2:16-cv-313-FtM-99CM

ALLY FINANCIAL INC.,
Defendant.
ORDER
This matter comes before the Court upon review of Defendant’s Unopposed
Motion to Seal Portions of Ally Financial Inc.’s Opposition to Plaintiff's Second Motion
to Compel (Doc. 112) filed on March 29, 2017.

Defendant seeks to file under seal its

response to Plaintiff’s Renewed Motion to Compel Defendant’s Production of
Discovery (Doc. 107) and the declarations of Aaron Heiner and Diane Accurso because
the response and the declarations contain Defendant’s non-public proprietary
information, competitively sensitive information, and private financial records.
112 at 1, 3-5.

Plaintiff does not oppose the requested relief.

Id. at 11.

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;

Doc.

(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 documents proposed for sealing and sufficiently explained that filing
the documents under seal is necessary.
ACCORDINGLY, it is hereby
ORDERED:
1.

Defendant’s Unopposed Motion to Seal Portions of Ally Financial Inc.’s

Opposition to Plaintiff's Second Motion to Compel (Doc. 112) is GRANTED.
2.

Defendant may file under seal its response to Plaintiff’s Renewed Motion

to Compel Defendant’s Production of Discovery (Doc. 107) and the declarations of
Aaron Heiner and Diane Accurso on or before April 4, 2017.
DONE and ORDERED in Fort Myers, Florida on this 30th day of March, 2017.

Copies:
Counsel of record

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