Whitehead v. Advance Stores Company Inc.

Filing 56

ORDER conditionally granting 54 Motion to Seal. On or before Wednesday, May 10, 2017, the parties may file the Proposed Exhibit with the Clerk. Upon submission, the Clerk is DIRECTED to file and maintain the Proposed Exhibit under seal pending further Order. Signed by Judge Roy B. Dalton, Jr. on 5/8/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
JORDAN WHITEHEAD; and JANIE
STAPLETON,
Plaintiffs,
v.

Case No. 5:16-cv-250-Oc-37PRL

ADVANCE STORES COMPANY INC.,
Defendant.
ORDER
On September 28, 2016, the parties notified the Court that they had agreed to settle
this action on a nationwide class basis, pending preliminary and final approval by the
Court. (Doc. 37.) On January 9, 2017, the Court preliminarily approved the proposed
settlement agreement and certified the settlement class. (Doc. 41 (“Preliminary Approval
Order”).) In part, the Preliminary Approval Order required that Plaintiffs’ counsel file
under seal a composite exhibit containing weekly reports and a final report from the
Settlement Administrator, summarizing opt-out notifications received from potential
class members (collectively, “Reports”). (Id. at 8.)
Pursuant to the Preliminary Approval Order and Local Rule 1.09(b), on
May 5, 2017, the parties jointly moved for leave to file an exhibit containing the Reports
(“Proposed Exhibit”). (Doc. 54 (“Motion”).) Upon consideration, however, the Court is
skeptical that sealing the Proposed Exhibit is necessary. As such, the Court will
conditionally grant the Motion and render a final determination on whether a continued

seal is warranted following review of the Proposed Exhibit.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

The parties Joint Motion to Seal Pursuant to Order (Doc. 54) is
CONDITIONALLY GRANTED.

2.

On or before Wednesday, May 10, 2017, the parties may file the Proposed
Exhibit with the Clerk.

3.

Upon submission, the Clerk is DIRECTED to file and maintain the
Proposed Exhibit under seal pending further Order.

DONE AND ORDERED in Chambers in Orlando, Florida, on May 8, 2017.

Copies:
Counsel of Record

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