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)

Download PDF
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 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?