Palma et al v. Metro PCS Wireless, Inc.

Filing 248

ORDER: Plaintiffs' Second Unopposed Motion to File Exhibit to Plaintiffs' Motion for Partial Summary Judgment Under Seal 247 is GRANTED. The Clerk is directed to file the exhibits identified in the Motion under seal. The documents shall remain under seal for a period of one year. Signed by Judge Virginia M. Hernandez Covington on 5/27/2014. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
KAREN PALMA and HALLIE SELGERT,
Plaintiffs,
v.

Case No.

8:13-cv-698-T-33MAP

METROPCS WIRELESS, INC.,
Defendant.
______________________________/
ORDER
This matter is before the Court pursuant to Plaintiffs'
Second Unopposed Motion to File Exhibits to Plaintiffs' Motion
for Partial Summary Judgment Under Seal (Doc. # 247), which
was filed on May 23, 2014.

For the reasons that follow, the

Court grants the Motion.
Analysis
Plaintiffs seek an Order authorizing Plaintiffs to file
the following documents under seal: "(a) Corporate Structure
Chart;

(b)

Employee

Handbook;

(c)

various

policies;

(d)

Indirect Dealer Agreement; (e) 2011 Blueprint for Success; (f)
MetroPCS' Dealer Approved Collateral Guide; (g) Summary of P1
and P2 (setting forth basic ASR job parameters)." (Doc. # 247
at 1).
In this district, the proponent of a motion to seal must
include: (i) an identification and description of each item
proposed for sealing; (ii) the reason that filing each item is

necessary; (iii) the reason for sealing each item; (iv) the
reason that a means other than sealing is unsatisfactory to
preserve the interest advanced by the motion to seal; (v) a
statement of the proposed duration of the seal; and (vi) a
memorandum of law.

See Local Rule 1.09(a), M.D. Fla.

The

relevant rule also states: "Unless otherwise ordered by the
Court for good cause shown, no order sealing any item pursuant
to this section shall extend beyond one year, although a seal
is renewable by a motion that complies with (b) of this rule,
identifies the expiration of the seal, and is filed before the
expiration of the seal."

See Local Rule 1.09(c), M.D. Fla.

Plaintiffs have satisfied these requirements.

The items

to be sealed are described in the Motion, and Plaintiffs have
provided a satisfactory reason why the documents must be filed
as they "are directly relevant to Plaintiffs' claims that
Defendant violated the FLSA with regard to their employment,
by virtue of their failure to pay Plaintiffs appropriate
overtime premiums, despite the fact that they worked forty
(40) hours per week in virtually all workweeks.

As such, the

filing of the documents with the Court is necessary for
Plaintiffs to effectively support their Motion for Partial
Summary Judgment." (Doc. # 247 at 2).
In addition, Plaintiffs have provided the documents to
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the Court, and the Court has reviewed each document.

The

Court

and

determines

that

each

document

is

confidential

proprietary and that good cause exists to seal each document.
Disclosure of the documents to the public could put Defendant
at a competitive disadvantage or otherwise invade Defendant's
legitimate privacy interests.

Plaintiffs also maintain that

they are "not aware of any other means other than sealing
which would satisfactorily preserve or protect the interests
asserted by both parties with respect to the confidential
information." (Id.).

Plaintiffs request that the documents

remain under seal for one year. After carefully reviewing the
Motion and the documents, the Court grants the Motion to Seal.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

Plaintiffs' Second Unopposed Motion to File Exhibit to
Plaintiffs' Motion for Partial Summary Judgment Under
Seal (Doc. # 247) is GRANTED.

(2)

The Clerk is directed to file the exhibits identified in
the Motion under seal.

(3)

The documents shall remain under seal for a period of one
year.
DONE and ORDERED in Chambers in Tampa, Florida, this 27th

day of May, 2014.
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Copies: All Parties of Record

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