Blobner v. Artemis Marketing Corp. et al

Filing 74

ORDER denying without prejudice 71 Motion for Reconsideration. Plaintiff is directed to file the amended complaint UNDER SEAL within fourteen (14) days. Defendants shall file their response within fourteen (14) days of service. Signed by Judge Richard A. Lazzara on 9/21/2018. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ROBERT BLOBNER,
Plaintiff,
v.

CASE NO. 8:17-cv-1676-T-26SPF

ARTEMIS MARKETING CORP, etc., et al.,
Defendants.
/
ORDER
UPON DUE AND CAREFUL CONSIDERATION of the procedural history of
this case, together with the parties’ submissions, it is ORDERED AND ADJUDGED
that Defendants’ Motion for Reconsideration of Order Denying Motion to Seal (Dkt. 71)
is denied without prejudice subject to the following order.
The Court, upon reflection, now shares Defendants’ concerns regarding the
potential they will encounter financial and competitive harm should Plaintiff be allowed
to disclose in its amended complaint the information Defendants’ claim should be
shielded from public disclosure. This concern is heightened by the fact that Plaintiff,
other than through vague assertions, has never specifically identified why this information
is materially necessary to include in his amended complaint. The Court notes in that
regard that Plaintiff has represented to this Court that he “will not seek to amend the

complaint to add new causes of action or new parties.”1 If Plaintiff was able to file his
original complaint without this information, and if he does not now seek to add new
claims or parties, why is this information now material to being able to state valid claims
for relief?2 It could come to pass that this information could be subject to a motion to
strike pursuant to Rule 12(f) of the Federal Rules of Civil Procedure either by the Court
on its own motion or by Defendants.
Accordingly, out of an abundance of caution, the Court directs Plaintiff to file
under seal his amended complaint within fourteen (14) days of this order. Defendants
shall file their response to the amended complaint within fourteen (14) days of service.
After the resolution of any objections to the amended complaint lodged by Defendants,
the Court will then unseal the amended complaint, minus any alterations or deletions
occasioned by the Court’s resolutions of Defendants’ objections.
DONE AND ORDERED at Tampa, Florida, on September 21, 2018.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:

Counsel of Record

1

See docket 56, paragraph 10.

2

The Court notes that Defendants did not seek to dismiss Plaintiff’s original complaint
pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state valid claims
for relief. Instead, Defendants filed an answer and defenses (Dkt. 10), followed by an amended
answer and defenses (Dkt. 21).
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