Omni Healthcare Inc. et al v. Health First, Inc. et al

Filing 198

ORDER granting 196 Motion to Seal. The Clerk is directed to file and maintain the specified documents under seal pending further Order. Signed by Judge Roy B. Dalton, Jr. on 1/25/2016. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

OMNI HEALTHCARE, INC.;
INTERVENTIONAL SPINE INSTITUTE
OF FLORIDA; CRAIG DELIGDISH;
C. HAMILTON BOONE, PA; BRIAN
DOWELL; RICHARD GAYLES; STAN
GOLOVAC; LANCE GRENEVICKI;
ALEKSANDER KOMAR; SCOTT
SEMINER; INSTITUTE OF FACIAL
SURGERY INC.; THE PAIN INSTITUTE
INC.; and PHYSICIAN ASSISTANT
SERVICES OF FLORIDA, LLC;
Plaintiffs,
v.

Case No. 6:13-cv-1509-Orl-37DAB

HEALTH FIRST, INC.; HOLMES
REGIONAL MEDICAL CENTER, INC.;
HEALTH FIRST PHYSICIANS, INC.;
HEALTH FIRST HEALTH PLANS, INC;
MICHAEL D. MEANS; and JERRY
SENNE,
Defendants.
ORDER
This cause is before the Court on “Defendants’ Motion to Seal Motion for Summary
Judgment and Daubert Motions Pursuant to Court Order (Doc. 185)” (Doc. 196), filed
January 22, 2016.
Pursuant to Local Rule 1.09(b) and the Court’s Order dated January 19, 2016
(Doc. 185 (“January 19 Order”), Defendants Health First Health Plans, Inc., Health First
Physicians, Inc., Health First, Inc., and Holmes Regional Medical Center, Inc.
(collectively, “Corporate Defendants”) move to seal the following documents:

(1) Corporate Defendants’ Motion to Exclude the Testimony of Dr. H.E. French III, and
Incorporated Memorandum of Law ((Doc. 194 (“Daubert Motion I”)), (2) Exhibits to
Daubert Motion I (Docs. 194-1 to 194-13); (3) Corporate Defendants’ Motion to Exclude
the Testimony of Dr. Hal J. Singer and Incorporated Memorandum of Law (“Daubert
Motion II”); (4) Exhibits to Daubert Motion II; (5) Corporate Defendants’ Joint Motion for
Summary Judgment and Incorporated Memorandum of Law (“Corporate Defendants’
MSJ”); and (6) Exhibits to Corporate Defendants’ MSJ (collectively, the “Seal
Documents”). (Doc. 196.) Corporate Defendants represent that they have already
submitted the Seal Documents to the Clerk. (Id. ¶ 2). The docket reflects that the Clerk
filed Daubert Motion I and the exhibits thereto under seal on January 22, 2016. (See
Doc. 194; see also Docs. 194-1 to 194-13.)
Local Rule 1.09(b) requires that “[e]very order sealing any item pursuant to this
section shall state the particular reason the seal is required and shall identify the statute,
rule, or order authorizing the seal.”
In light of the confidential nature of the Seal Documents and the Corporate
Defendants’ compliance with Local Rule 1.09(a), the Court previously authorized the
Corporate Defendants to file the Seal Documents under seal in its January 19 Order.
(Doc. 185.) Additionally, the Court noted that the Corporate Defendants’ request to file
redacted versions of the Seal Documents on the public docket sufficiently balanced the
public’s interest in access to the specified materials and the Corporate Defendants’
interests in maintaining the confidentially of such materials. (Id.) Therefore, in accordance
with Local Rule 1.09(b), the Court finds that the instant Motion is due to be granted.

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Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

Defendants’ Motion to Seal Motion for Summary Judgment and Daubert
Motions Pursuant to Court Order [Doc. 185] (Doc. 196) is GRANTED.

2.

In accordance with Local Rule 1.09(b) and the Court’s Order dated
January 19, 2016 (Doc. 185), the Clerk is DIRECTED to file and maintain
the following documents under seal pending further Order—(1) Corporate
Defendants’ Motion to Exclude the Testimony of Dr. H.E. French III, and
Incorporated Memorandum of Law ((Doc. 194 (“Daubert Motion I”)),
(2) Exhibits to Daubert Motion I (Docs. 194-1 to 194-13); (3) Corporate
Defendants’ Motion to Exclude the Testimony of Dr. Hal J. Singer and
Incorporated Memorandum of Law (“Daubert Motion II”); (4) Exhibits to
Daubert Motion II; (5) Corporate Defendants’ Joint Motion for Summary
Judgment

and

Incorporated

Memorandum

of

Law

(“Corporate

Defendants’ MSJ”); and (6) Exhibits to Corporate Defendants’ MSJ.
DONE AND ORDERED in Chambers in Orlando, Florida, on January 25, 2016.

Copies:
Counsel of Record

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