Bell v. Cross et al

Filing 166

ORDER granting in part 165 Motion. Signed by Judge James D. Whittemore on 10/15/2020. (JHA)

Case 8:16-cv-00961-JDW-AEP Document 166 Filed 10/15/20 Page 1 of 2 PageID 1070

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
THE UNITED STATES OF AMERICA,
THE STATE OF FLORIDA, ex rel.
DELIA BELL,
Plaintiffs/Relator,
v.

Case No: 8:16-cv-961-T-27AEP

CROSS GARDEN CARE CENTER, LLC
and KARL E. CROSS,
Defendants.
___________________________________/
ORDER
BEFORE THE COURT is the Parties’ Renewed Joint Motion for Confidentiality Order
(Dkt. 165). Upon consideration, the motion is GRANTED in part.
The previous motions for entry of a protective order were denied without prejudice
because, among other things, the proposed orders were not narrowly tailored. (Dkts. 161, 163).
The revised proposed protective order addresses most of the shortcomings of the previous
proposed orders, except for paragraph 8, which purports to address the use of confidential
information at a hearing or at trial. (Dkt. 165-1 ¶ 8). Local Rule 1.09 sets forth the requirements
for filing a document under seal. The right to file a document under seal does not automatically
follow a confidentiality designation. See Baxter Int’l, Inc. v. Abbott Labs, 297 F.3d 544 (7th Cir.
2002). A party that intends to present or anticipates that another party may present confidential
information at a hearing or trial, and wishes that the information be filed under seal, must therefore
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Case 8:16-cv-00961-JDW-AEP Document 166 Filed 10/15/20 Page 2 of 2 PageID 1071

make the required showing under Local Rule 1.09(a), notwithstanding that the information was
designated confidential during discovery.
Accordingly, the motion (Dkt. 165) is GRANTED in part, and the proposed Stipulated
Confidentiality and Protective Order (Dkt. 165-1) is APPROVED, with the exception of
paragraph 8.
DONE AND ORDERED this 15th day of October, 2020.

/s/ James D. Whittemore
JAMES D. WHITTEMORE
United States District Judge
Copies to: Counsel of Record

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