Boullosa v. Wells Fargo Bank, N.A. et al

Filing 153

ORDERED: Defendant Equifax Information Services LLC's Unopposed Renewed Motion to Seal 151 is GRANTED. Within seven (7) days of this Order, Equifax shall file under seal, and the Clerk shall accept, Exhibits 1 through 5 (Docs. 151-2, 15 1-3, 151-4, 151-5, 151-6). Within the same time frame, Equifax shall file--not under seal--a complete copy of Karen Cobb's deposition, with the pages that have been sealed (from Exhibit 5) redacted. Additionally, Equifax shall deliver a complete unredacted courtesy copy of the Cobb deposition to Chambers. The duration of the seal shall be for one year or until further Order of this Court. Signed by Senior Judge Charlene Edwards Honeywell on 9/26/2024. (JDE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ANTHONY BOULLOSA,
Plaintiff,
v.

Case No: 8:22-cv-2642-CEH-CPT

EQUIFAX INFORMATION
SERVICES, LLC,
Defendant.
___________________________________/

ORDER
This matter comes before the Court on Defendant Equifax Information Services
LLC’s Unopposed Renewed Motion to Seal (Doc. 151), filed on August 27, 2024. In
the motion, Defendant requests it be permitted to file under seal its confidential
policies and procedures that have been produced in this lawsuit, along with excerpts
of the deposition of its Rule 30(b)(6) corporate representative. The Court previously
denied without prejudice the parties’ Joint Motion to Seal (Doc. 125), which sought
to seal similar material and the entire deposition of Equifax’s corporate representative.
Doc. 147. In denying the joint motion, the Court explained that the parties had not
provided enough factual detail to establish good cause. See id. at 3–5. Defendant
Equifax has renewed the Motion to Seal; Plaintiff does not object.
Upon review and consideration, the Court finds that Equifax has established
good cause for the sealing of the relevant materials. The renewed motion is due to be
granted.

DISCUSSION
As detailed in this Court’s Order at Docket Entry 147, the common law right of
access to judicial records can be overcome only by a showing of good cause, which is
established by demonstrating that the material’s disclosure will cause a clearly defined
and serious injury. See Romero v. Drummond Co., Inc., 480 F.3d 1234, 1245 (11th Cir.
2007); Digital Assurance Certification, LLC v. Pendolino, No. 6:17-CV-72-CEM-TBS, 2017
WL 320830, at *2 (M.D. Fla. Jan. 23, 2017).
Defendant asserts that the material it requests to seal is confidential and
proprietary, but the previous joint motion did not contain any specific facts in support
of this claim. Doc. 125. The Court’s prior Order explained that such conclusory
language is insufficient to establish good cause, which “contemplates a particular and
specific demonstration of fact, as distinguished from stereotyped and conclusory
statements.” Barnello v. Bayview Loan Serv’g, LLL, 6:14-cv-1383-CEM-TBS, 2015 WL
5782346, *5 (M.D. Fla. Sept. 2, 2015) (quotation omitted); see Doc. 147 at 3–4.
Defendant’s Renewed Motion contains a detailed declaration by Karen Cobb,
the Litigation Support Lead and corporate representative for Defendant Equifax. Doc.
151-1. Cobb explains in detail the basis for the material’s confidentiality, the measures
Defendant takes to protect it, and the harm that could result if the material were
disclosed. Id. Upon review of the declaration, the Court finds that Defendant has
demonstrated good cause for sealing the material, as its disclosure would cause
significant harm to Defendant by exposing its confidential and proprietary business
information to the public, including competitors. See Proxicom Wireless, LLC v. Macy’s,
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Inc., 6:18-cv-64-RBD-GJK, 2018 WL 8344645, *2 (M.D. Fla. Oct. 29, 2018).
Additionally, Defendant has narrowed the scope of its request to seal the deposition
of Cobb and has selected only certain pages to be designated for sealing, which is more
appropriate than sealing the entire deposition. The Renewed Motion to Seal is
therefore due to be granted.
Accordingly, it is ORDERED:
1.

Defendant Equifax Information Services LLC’s Unopposed Renewed

Motion to Seal (Doc. 151) is GRANTED.
2.

Within seven (7) days of this Order, Equifax shall file under seal, and the

Clerk shall accept, Exhibits 1 through 5 (Docs. 151-2, 151-3, 151-4, 151-5, 151-6).
Within the same time frame, Equifax shall file—not under seal—a complete copy of
Karen Cobb’s deposition, with the pages that have been sealed (from Exhibit 5)
redacted. Additionally, Equifax shall deliver a complete unredacted courtesy copy of
the Cobb deposition to Chambers.
3.

The duration of the seal shall be for one year or until further Order of this

Court.
DONE and ORDERED in Tampa, Florida on September 26, 2024.

Copies furnished to:
Counsel of Record
Unrepresented Parties, if any

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