Valdes v. Greater Naples Fire Rescue District

Filing 33

ORDER granting 29 Defendant's Motion to Seal. Defendant shall have up to and including November 8, 2018 to file under seal the exhibit pages identified in the motion. See Doc. 29 at 1-2. Signed by Magistrate Judge Carol Mirando on 11/1/2018. (APH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SERGIO VALDES, an individual
Plaintiff,
v.

Case No: 2:17-cv-417-FtM-29CM

GREATER NAPLES FIRE
RESCUE DISTRICT,
Defendant.
ORDER
This matter comes before the Court upon review of Defendant’s Motion to Seal
filed on October 31, 2018.

Doc. 29. Defendant seeks to file under seal exhibits

attached to its motion for summary judgment (Doc. 31) that contain Plaintiff’s
medical records. Id. at 1-2. Defendant identifies the exhibits and page numbers in
the motion and explains that it is necessary to file the medical records to show a
diagnosis that is “critical” to Defendant’s summary judgment motion. Id. Plaintiff,
who is proceeding pro se, advised Defendant that he does “not mind” if the medical
records are filed publicly, but apparently does not oppose the motion to seal. See id.
at 3.
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 documents proposed for sealing and sufficiently explained that filing
the documents under seal is necessary.
ACCORDINGLY, it is
ORDERED:
Defendant’s Motion to Seal (Doc. 29) is GRANTED. Defendant shall have up
to and including November 8, 2018 to file under seal the exhibit pages identified in
the motion. See Doc. 29 at 1-2.
DONE and ORDERED in Fort Myers, Florida on this 1st day of November,
2018.

Copies:
Counsel of record
Pro se parties

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