Etkin & Company, Incorporated v. SBD, LLC

Filing 266

ORDER denying without prejudice 265 Sealed Motion. Signed by Magistrate Judge John J. O'Sullivan on 6/6/2012. (mkr) Modified by unsealing per Chambers on 6/6/2012 (nc).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-21321-CIV-LENARD/O’SULLIVAN
ETKIN & COMPANY, INCORPORATED,
a Delaware corporation,
Plaintiff,
vs.
SBD LLC, a Florida limited liability company,
Defendant.
/

ORDER
THIS MATTER is before the Court on the Plaintiff’s Motion to Seal Unredacted
Deposition Transcripts in Support of Its Reply to Its Motion for Rule 11 Sanctions
(Sealed DE# 265, 6/6/12). Having reviewed the motion and applicable law, it is
ORDERED AND ADJUDGED that the Plaintiff’s Motion to Seal Unredacted
Deposition Transcripts in Support of Its Reply to Its Motion for Rule 11 Sanctions
(Sealed DE# 265, 6/6/12) is DENIED without prejudice to renew within fourteen (14)
days of the date of this order. Any renewed motion shall be supported by a
memorandum of law explaining the justification for the sealing of each document or
portion thereof. “[A] common law right of access exists as to civil proceedings.” Wilson
v. American Motors Corp., 759 F. 2d 1568, 1571 (11th Cir. 1985); see Romero v.
Drummond Co., 480 F.3d 1234 (11th Cir. 2007); Chicago Tribune Co. v.
Bridgestone/Firestone, Inc., 263 F.3d 1304, 1311-12 (11th Cir. 2001) (“Beyond
establishing a general presumption that criminal and civil actions should be conducted
publicly, the common-law right of access includes the right to inspect and copy public

records and documents.”)(citing Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597
(1978)); see also, United States v. Bradley, No. 405cr059, 2007 WL 1703232, at *2
(S.D. Ga. Jun. 11, 2007) (noting that “documents that directly affect an adjudication and
play a significant role in determining a litigants’ substantive rights are entitled to the
strongest presumption [of public access]”).
DONE AND ORDERED, in Chambers, at Miami, Florida, this 6th day of
June, 2012.

JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
United States District Judge Lenard
All Counsel of Record

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