Dish Network L.L.C. et al v. Johnson

Filing 41

ORDER: Plaintiffs' Motion for Investigator and Confidential Informant Declarations to Remain Under Seal (Doc. # 24) is GRANTED. Signed by Judge Virginia M. Hernandez Covington on 6/22/2018. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DISH NETWORK L.L.C.
and NAGRASTAR LLC,
Plaintiffs,
v.

Case No. 8:18-cv-1332-T-33AAS

NELSON JOHNSON, JASON
LABOSSIERE, SET BROADCAST LLC,
STREAMING ENTERTAINMENT
TECHNOLOGY LLC, DOE 1, as
Trustee for Chateau Living
Revocable Trust, and DOE 2, as
Trustee for Macromint Trust,
individually and collectively
d/b/a www.setvnow.com,
Defendants.
______________________________/
ORDER
This matter is before the Court pursuant to Plaintiffs'
Motion for Investigator and Confidential Informant Declarations
to Remain Under Seal (Doc. # 24), filed on June 11, 2018. The
Motion is unopposed.

For the reasons that follow, the Court

grants the Motion.
Analysis
Plaintiffs seek an Order that the investigator declarations
and

confidential

informant

declarations,

and

all

exhibits

annexed thereto, remain under seal for the duration of this
litigation

plus

five

years,

and

that

the

public

redacted

versions of the declarations be made part of the public record.
(Doc. # 24 at 7).
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." Id.
Plaintiffs have satisfied these requirements. The items to
be sealed are described in the Motion, and Plaintiffs have
provided satisfactory reasons as to why the documents must be
filed under seal as they are central to the on-going anti-piracy
investigation. (Doc. #24 at 3). Specifically, the identity of
the investigators and informants must be concealed for their

2

safety,

as

well

as

to

protect

the

integrity

of

the

investigation. (Id. at 3). As such, the filing of the documents
with the Court is necessary in order for Plaintiffs to prove
Defendants violated The Federal Communications Act, 47 U.S.C. §
605(a) (Doc. # 1 at 9).
Additionally, Plaintiffs have provided support to their
claim that the safety of the informants, and thus, the integrity
of the investigation, would be at risk if their request is
denied. Plaintiffs point to Defendants, Nelson Johnson’s and
Jason LaBossiere’s history of serious felonies, which give rise
to a heightened concern in this case for the safety of the
investigator and confidential informant. (Doc. # 24 at 3).
Plaintiffs also maintain releasing the identities of the
confidential informants to the public at this time will serve
no important purpose. (Id. at 6). Plaintiffs request that the
documents remain under seal for the duration of this litigation
plus five years. After due consideration, the Court grants the
Motion for Investigator and Confidential Informant Declarations
to Remain Under Seal.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:

3

Plaintiffs'

Motion

for

Investigator

and

Confidential

Informant Declarations to Remain Under Seal (Doc. # 24) is
GRANTED.
DONE and ORDERED in Chambers in Tampa, Florida, this 22nd
day of June, 2018.

4