Board of Trustees of the City of Lake Worth Employees' Retirement System et al v. Merrill Lynch Pierce Fenner & Smith, Incorporated

Filing 75

ORDER granting 74 Motion to Seal Document. Signed by Magistrate Judge Monte C. Richardson on 12/8/2011. (MOH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
Board of Trustees of the City of Lake Worth
Employees' Retirement System, et al.,
Plaintiffs,
vs.

Case No. 3:10-cv-845-J-32MCR

Merrill Lynch Pierce Fenner & Smith,
Incorporated,
Defendant.
_____________________________________/

ORDER
THIS CAUSE is before the Court on Plaintiffs’ Unopposed Motion to Seal (Doc.
74) filed December 7, 2011. Plaintiffs seek to file under seal three exhibits attached to a
declaration supporting their Memorandum of Law in Support of Class Certification.
Defendant has designated these documents as confidential pursuant to the parties’
Confidentiality Agreement. According to the parties, these documents contain
confidential information and are necessary for the Court to consider in determining the
appropriateness of class certification.
Local Rule 1.09 of the Local Rules for the Middle District of Florida permits a
paper to be filed under seal if the moving party provides: (i) an identification and
description of each item 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

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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 Court
will permit the sealing of the three exhibits to the Declaration of Adam P. Levinson filed
in support of Plaintiffs’ Memorandum of Law in Support of Class Certification because
Plaintiffs have satisfied each of these requirements and because the Court finds there is
a compelling interest in protecting the information and the sealing of these documents is
narrowly tailored to that interest. See Brown v. Advantage Engineering, Inc., 960 F.2d
1013, 1016 (11th Cir. 1992) (citing Wilson v. American Motors Corp., 759 F.2d 1568,
1571 (11th Cir. 1985)).
Accordingly, after due consideration, it is
ORDERED:
Plaintiffs’ Unopposed Motion to Seal (Doc. 74) is GRANTED. The Clerk shall file
exhibits 12, 13, and 22 to the Declaration of Adam P. Levinson filed in support of
Plaintiffs’ Memorandum of Law in Support of Class Certification under seal until further
Order of the Court.
DONE AND ORDERED in Chambers in Jacksonville, Florida this

8th

day of

December, 2011.

MONTE C. RICHARDSON
UNITED STATES MAGISTRATE JUDGE
Copies to:
Counsel of Record

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