Clark v. Macy's Credit and Customer Services, Inc.

Filing 48

ORDER granting 45 Motion to Seal. Signed by Magistrate Judge Thomas B. Smith on 10/20/2017. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DEBORAH CLARK,
Plaintiff,
v.

Case No: 6:17-cv-692-Orl-41TBS

MACY’S CREDIT AND CUSTOMER
SERVICES, INC.,
Defendant.
ORDER
This case comes before the Court without oral argument on Defendant’s
Unopposed Motion to Seal Portions of Defendant’s Declaration and Exhibits to be Filed in
Opposition to Plaintiff’s Motion for Class Certification (Doc. 45). Defendant seeks leave of
Court to file portions of the Declaration of Daniel Delgado in Support of Defendant Macy’s
Credit and Customer Services, Inc.’s Opposition to Plaintiff’s Motion for Class
Certification (the “Declaration”), including Exhibits C-M to the Declaration under seal. As
indicated in the title to the motion, Plaintiff does not oppose it (Id., at 25). Local Rule
1.09(a) provides:
Unless filing under seal is authorized by statute, rule, or order,
a party seeking to file under seal any paper or other matter in
any civil case shall file and serve a motion, the title of which
includes the words “Motion to Seal” and which includes (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 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 movant shall not file or otherwise
tender to the Clerk any item proposed for sealing unless the

Court has granted the motion required by this section. No
settlement agreement shall be sealed absent extraordinary
circumstances, such as the preservation of national security,
protection of trade secrets or other valuable proprietary
information, protection of especially vulnerable persons
including minors or persons with disabilities, or protection of
nonparties without either the opportunity or ability to protect
themselves. Every order sealing any item pursuant this
section shall state the particular reason the seal is required.
M.D. Fla. Rule 1.09(a). The Court finds that Defendant has sufficiently identified and
described the information proposed for sealing and sufficiently explained why filing the
information under seal is necessary. Accordingly, the motion to seal is GRANTED.
Defendant may file UNDER SEAL those portions of the Declaration that have been
redacted in the public filing, and Exhibits C-M to the Declaration.
Defendant asks that this information be kept under seal until it moves the Court to
unseal the information (Id., at 21). This is too indefinite a period of time. Consistent with
the Local Rule, the information shall remain under seal for one year from the rendition of
this Order. The seal is renewable on motion made prior to the expiration of the seal.
DONE and ORDERED in Orlando, Florida on October 20, 2017.

Copies furnished to Counsel of Record

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