Scottsdale Insurance Company v. Physicians Group LLC et al

Filing 69

ORDER granting 68 Joint Motion to Seal Pursuant to Stipulated Protective Order. Signed by Magistrate Judge Amanda Arnold Sansone on 8/5/2016. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SCOTTSDALE INSURANCE COMPANY,
Plaintiff,
v.

Case No: 8:15-cv-1129-T-23AAS

PHYSICIANS GROUP LLC, et al.,
Defendants.
_____________________________________/
ORDER
This matter is before the Court on the Parties’ Joint Motion to Seal Pursuant to Stipulated
Protective Order (Doc. 68). Pursuant to Rule 1.09(b) of the Local Rules of the United States
District Court for the Middle District of Florida, Plaintiff Scottsdale Insurance Company and
Defendants Physicians Group, LLC, Physicians Group of Sarasota LLC, Gary Kompothecras, and
David Balot move for leave to file Plaintiff’s forthcoming Motion for Partial Summary Judgment
under seal.
Local Rule 1.09 permits a paper to be filed under seal if the moving party provides: (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.
Here, under the terms of the Stipulated Protective Order entered by the Court on November
24, 2015 (Doc. 43), certain information contained in Plaintiff’s Partial Motion for Summary

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Judgment is designated “confidential.”1 (Doc. 68, p. 3). Therefore, the parties seek leave to file
an unredacted version of Plaintiff’s Motion for Partial Summary Judgment under seal and to
publicly file a redacted version. (Id.). The Court finds that the parties have satisfied the
requirements of Local Rule 1.09 and there is a compelling interest in protecting the information
and the sealing of this document is narrowly tailored to that interest. See Brown v. Advantage
Engineering, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) (citing Wilson v. American Motors Corp.,
759 F.2d 1568, 1571 (11th Cir. 1985)).
Accordingly, after due consideration, it is
ORDERED:
The Parties’ Joint Motion to Seal Pursuant to Stipulated Protective Order (Doc. 68) is
GRANTED. Pursuant to the Protective Order (Doc. 43) and Local Rule 2.09(c), the Confidential
Information shall be sealed for one year and the parties may later seek to extend the duration of
time. In addition, the parties are permitted to file a motion asking the Court to remove the
Confidential Information at the close of the case. Counsel shall contact the Clerk to make further
arrangements.
DONE and ORDERED in Tampa, Florida on this 5th day of August, 2016.

Specifically, in Plaintiff’s Motion for Partial Summary Judgment, it will be necessary for Plaintiff
to attach a copy of and refer to information related to a settlement agreement entered into in the case State
Farm Mutual Automobile Insurance Company filed against Defendants and others in a separate action.
Defendants designated the settlement agreement, the information contained therein, and all testimony
related thereto as “Confidential” under the Stipulated Protective Order (Doc. 43).
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