Fracasse v. Equifax Information Services LLC

Filing 36

ORDER granting 34 Plaintiff's motion to seal third party's motion to quash; and granting 35 Defendant's motion to seal its response in opposition to the motion to quash. Signed by Magistrate Judge Philip R. Lammens on 10/11/2019. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
DYLAN FRACASSE,
Plaintiff,
v.

Case No: 5:18-cv-635-Oc-PRL

EQUIFAX INFORMATION SERVICES
LLC,
Defendant.

ORDER
This matter is before the Court on non-party Tabatha Hendrickson’s motion to quash (Doc.
33), Plaintiff’s motion to strike and seal the motion to quash (Doc. 34), and Defendant’s motion
for leave to file under seal its opposition to the motion to quash. (Doc. 35).
Information is appropriately filed under seal where good cause exists, as determined “by
the nature and character of the information in question.” Romero v. Drummond Co., 480 F.3d 1234,
1246 (11th Cir. 2007). Good cause is present “when disclosure will cause the party to suffer a
clearly defined and serious injury.” Smith v. Costa Del Mar, Inc., No. 3:18-cv-1011-J-32JRK, 2019
WL 3037815, at *2 (M.D. Fla. July 11, 2019). In such an instance, a party’s privacy or proprietary
interest in information may overcome the general principle of openness of court records. Id. Here,
the Court agrees that allowing public access to the information contained in the motion to quash
and Defendant’s response thereto could harm Plaintiff’s legitimate privacy interests.
Accordingly, Plaintiff’s motion to seal (Doc. 34) and Defendant’s motion to seal (Doc. 35)
are GRANTED. The Clerk shall file the motion to quash (Doc. 33) and Defendant’s response
thereto (submitted en camera) under seal.

DONE and ORDERED in Ocala, Florida on October 11, 2019.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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