Winn-Dixie Stores, Inc. et al v. Southeast Milk, Inc. et al

Filing 286

ORDER granting in part 262, 265, 266, 274, and 275, motions to seal; denying without prejudice 268 the plaintiff's motion to seal; and denying 278 the plaintiff's motion to seal. Please see order for further details. Signed by Magistrate Judge Patricia D. Barksdale on 10/21/2019. (KNR)

United States District Court
Middle District of Florida
Jacksonville Division
WINN-DIXIE STORES, INC.,
Plaintiff,
v.

NOS. 3:15-cv-1143-J-39PDB
3:18-mc-14-J-39PDB

SOUTHEAST MILK, INC., ETC.,
Defendants.

Order
Before the Court are seven motions to seal exhibits relating to motions for
summary judgment, to exclude expert opinions, and to strike a defense. Docs. 262,
265, 266, 268, 274, 275, 278. An overview of the case and the standards for sealing
are in earlier filings and not repeated here. See Docs. 34, 74, 254.
For receipt by October 25, 2019, the plaintiff must provide the clerk’s office
hardcopy versions of the following exhibits. Upon receipt, the clerk must file the
exhibits on the public docket, replacing the placeholders with the exhibits. The
defendants designated the documents as confidential or highly confidential but do not
oppose filing them on the public docket. Doc. 279.
Doc. No.
Doc. 276-23
Doc. 276-24
Doc. 276-25
Doc. 276-26
Doc. 276-27
Doc. 276-32
Doc. 276-37
Doc. 276-41
Doc. 276-42
Doc. 277-9

Ex.
22
23
24
25
26
31
36
40
41
8

Associated Filing
Plaintiff’s Response in Opposition to Defendants’ MSJ
Plaintiff’s Response in Opposition to Defendants’ MSJ
Plaintiff’s Response in Opposition to Defendants’ MSJ
Plaintiff’s Response in Opposition to Defendants’ MSJ
Plaintiff’s Response in Opposition to Defendants’ MSJ
Plaintiff’s Response in Opposition to Defendants’ MSJ
Plaintiff’s Response in Opposition to Defendants’ MSJ
Plaintiff’s Response in Opposition to Defendants’ MSJ
Plaintiff’s Response in Opposition to Defendants’ MSJ
Plaintiff’s Response in Opposition to Defendants’ Motion to Strike or Exclude

Doc. 277-12
Doc. 277-17
Doc. 277-20
Doc. 277-21
Doc. 277-23

11
16
19
20
22

Plaintiff’s Response in Opposition to Defendants’ Motion to Strike or Exclude
Plaintiff’s Response in Opposition to Defendants’ Motion to Strike or Exclude
Plaintiff’s Response in Opposition to Defendants’ Motion to Strike or Exclude
Plaintiff’s Response in Opposition to Defendants’ Motion to Strike or Exclude
Plaintiff’s Response in Opposition to Defendants’ Motion to Strike or Exclude

For receipt by October 25, 2019, the plaintiff must provide the clerk’s office
hardcopy versions of the following exhibits to be temporarily placed under seal. The
Court will direct the clerk to file the exhibits on the public docket unless, by
November 1, 2019, the defendants file a motion and memorandum of law showing
the presumption of public access to the exhibits is overcome.
Doc. No.
Doc. 263-10
Doc. 263-21

Ex.
9
20

Associated Filing
Plaintiff’s Motion to Exclude or Limit Opinions of Defendants’ Experts
Plaintiff’s Motion to Exclude or Limit Opinions of Defendants’ Experts

For receipt by October 25, 2019, the defendants must provide the clerk’s office
hardcopy versions of the following exhibits in both redacted and unredacted form.
Upon receipt, the clerk must file the redacted versions on the public docket, replacing
the placeholders with the exhibits. The clerk must file the unredacted versions under
seal. For the reasons stated in the motions, Docs. 262, 265, 274, the defendants have
overcome the presumption of public access to the redacted information.
Doc. No.
Doc. 261-21
Doc. 264-32
Doc. 264-33
Doc. 264-34
Doc. 264-39
Doc. 264-40
Doc. 264-41
Doc. 264-42
Doc. 264-44
Doc. 273-3

Ex.
U
31
32
33
38
39
40
41
43
2

Associated Filing
Declaration of Nathan P. Eimer
Defendants’ MSJ on Antitrust Immunity, Liability, and Standard of Review
Defendants’ MSJ on Antitrust Immunity, Liability, and Standard of Review
Defendants’ MSJ on Antitrust Immunity, Liability, and Standard of Review
Defendants’ MSJ on Antitrust Immunity, Liability, and Standard of Review
Defendants’ MSJ on Antitrust Immunity, Liability, and Standard of Review
Defendants’ MSJ on Antitrust Immunity, Liability, and Standard of Review
Defendants’ MSJ on Antitrust Immunity, Liability, and Standard of Review
Defendants’ MSJ on Antitrust Immunity, Liability, and Standard of Review
Defendants’ Response in Opposition to Plaintiff’s Partial MSJ

For receipt by October 25, 2019, the defendants must provide the clerk’s office
hardcopy versions of the following exhibits. The clerk must file the exhibits under
seal. For the reasons stated in the motion, Doc. 265, the defendants have overcome
the presumption of public access to the redacted information.
2

Doc. No.
Doc. 264-22
Doc. 264-23
Doc. 264-24
Doc. 264-25
Doc. 264-26
Doc. 264-27
Doc. 264-28
Doc. 264-43

Ex.
21
22
23
24
25
26
27
42

Associated Filing
Defendants’ MSJ on Antitrust Immunity, Liability,
Defendants’ MSJ on Antitrust Immunity, Liability,
Defendants’ MSJ on Antitrust Immunity, Liability,
Defendants’ MSJ on Antitrust Immunity, Liability,
Defendants’ MSJ on Antitrust Immunity, Liability,
Defendants’ MSJ on Antitrust Immunity, Liability,
Defendants’ MSJ on Antitrust Immunity, Liability,
Defendants’ MSJ on Antitrust Immunity, Liability,

and Standard of Review
and Standard of Review
and Standard of Review
and Standard of Review
and Standard of Review
and Standard of Review
and Standard of Review
and Standard of Review

For receipt by October 25, 2019, the defendants must provide the clerk’s office
a hardcopy version of the following exhibit. Upon receipt, the clerk must file the
exhibit on the public docket, replacing the placeholder with the exhibit. The
defendants provide no good reason to seal the exhibit, and the exhibit already has
been filed on the public docket without opposition. See Doc. 256-6.
Doc. No.
Doc. 261-8

Ex.
H

Associated Filing
Declaration of Nathan P. Eimer

For receipt by October 25, 2019, the defendants must provide the clerk’s office
hardcopy versions of the following deposition transcripts (and any exhibits to the
transcripts) in their entirety. Upon receipt, the clerk must file them under seal. The
parts of the deposition transcripts (and any exhibits to the transcripts) pertinent to
the pending motions and responses are already on the public docket.
Deposition
Scott Brown
John Connor
Calvin Covington
Edward Gallagher
Jerome Kozak
Graham Leary
Andrew Novakovic
Bryan Ricchetti
Richard Stammer

Date(s)
November 7, 2014
May 13, 2015; 1 February 13, 2018; June 22, 2018
December 6, 2017
May 6, 2015
February 5, 2015
March 6, 2018
March 16, 2018
March 22, 2018
January 30, 2015

1The

exhibit list for the defendants’ summary-judgment motion and the transcript
excerpt show May 13, 2015, as the date of Connor’s first deposition. See Doc. 264-1 (exhibit
list), Doc. 264-6 (excerpt). In the motion to seal, the defendants reference May 6, 2016. Doc.
266 at 4. This may be an error. But if the defendants also rely on a transcript of a May 6,
2016, deposition of Connor, they must file under seal the deposition transcript (and any
exhibits to the transcript) in their entirety.

3

Thomas Wegner
John Wilson
Joseph Wright 2

January 22, 2015
January 8–9, 2015
January 12, 2017

For receipt by October 25, 2019, the plaintiff must provide the clerk’s office a
hardcopy version of the following deposition transcript (and any exhibits to the
transcript) in its entirety. The clerk must file the deposition transcript (and any
exhibits to the transcript) under seal. The parts of the deposition transcript (and any
exhibits to the transcript) pertinent to the plaintiff’s response in opposition to the
defendants’ motion to strike or exclude opinions of the plaintiff’s expert are already
on the public docket.
Deposition
Donald Bernos

Date
May 11, 2018

For the documents or redacted information to be sealed under this order,
neither side has shown that the documents or redacted information—much of which
may become obsolete over time—should be sealed indefinitely. The duration of the
seal is three years from the date of this order absent another order shortening or
extending the time. A party may move to extend that period before it ends. The
parties should know that documents or redacted information may be disclosed earlier
in an order or at the trial.
Thus, the Court:
(1)

grants in part Dairy Farmers’ motion to seal, Doc. 262;

(2)

grants in part the defendants’ motion to seal, Doc. 265;

(3)

grants in part the defendants’ motions to seal, Docs. 266, 275;

(4)

denies without prejudice the plaintiff’s motion to seal, Doc. 268;

2The

defendants do not include Wright’s deposition transcripts in their motions to seal
but rely on an excerpt of and exhibit from his deposition in their response in opposition to the
plaintiff’s motion for partial summary judgment. See Doc. 273-1 (defendants’ exhibit list
referencing excerpts filed by the plaintiff [Doc. 267-36, Doc. 267-84]).

4

(5)

grants in part the defendants’ motion to seal, Doc. 274; and

(6)

denies the plaintiff’s motion to seal, Doc. 278.

Ordered in Jacksonville, Florida, on October 21, 2019.

c:

Counsel of record

5