Angarita et al v. Hypertoyz, Inc.

Filing 142

ORDER REGARDING PLAINTIFFS' SEALED FILINGS. Signed by Magistrate Judge Jonathan Goodman on 9/25/2024. See attached document for full details. (mkr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 23-cv-20695-SCOLA/GOODMAN
CARLOS ANGARITA and
PAULA BOTERO-PARAMO,
individually and as next friend
to their children C.A. and D.A.,
Plaintiffs,
v.
HYPERTOYZ, INC., and ERIC C.
MARABINI d/b/a Hyperpowersports,
Defendants.
____________________________________/
ORDER REGARDING PLAINTIFFS’ SEALED FILINGS
Plaintiffs have filed multiple documents under seal (filed on 8/30/2024, 9/4/2024,
9/5/2024, 9/12/2024, 9/13/2024, 9/16/2024, 9/18/2024, and 9/20/2024). These filings relate to
Plaintiffs’ efforts to collect on the outstanding Judgment [ECF No. 57].
“Judicial records are open to the public, and for good reason -- access to judicial
proceedings is crucial to our tradition and history, as well as to continued public
confidence in our system of justice. This Circuit has been resolute in our enforcement of
that presumption of public access.” Callahan v. United Network for Organ Sharing, 17 F.4th
1356, 1358-59 (11th Cir. 2021); see also Gerdau Ameristeel US Inc. v. Zurich Am. Ins. Co., No.
20-82217, 2021 WL 7693671, at *1 (S.D. Fla. May 25, 2021) (“The general public possesses

a common-law right to access judicial records, and judicial records are presumed to be
public documents.” (citing Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597 (1978);
Chicago Tribune Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1311 (11th Cir. 2001))).
The Local Rules for the Southern District of Florida recognize this strong
presumption in favor of public access to court records. See S.D. Fla. L.R. 5.4(a) (“Unless
otherwise provided by law, Court rule, or Court order, proceedings in the United States
District Court are public and Court filings are matters of public record.”). It is well-settled
“policy that Court filings are public[.]” Id. at 5.4(b)(1). A party seeking to file documents
under seal in a civil case must provide the factual and legal basis for the sealed filing. Id.
at 5.4(b)(3).
In the Undersigned’s view, there is no readily apparent reason why the filings
flagged here merit under-seal protection. In fact, some of these documents have been
responded to publicly without any action taken by Plaintiffs to restrict the public filing.
See, e.g., [ECF No. 127 (Answer to Writ of Garnishment)]. Similarly, Plaintiffs chose to
respond to a publicly available Order [ECF No. 128] by filing an under-seal notice of
compliance even though the notice simply answers the question posed by the Court’s
publicly available Order.
Therefore, by no later than Wednesday, October 2, 2024, Plaintiffs will file on
CM/ECF a memorandum of law (supported by pertinent legal authority) showing cause
why the Undersigned should not direct the Clerk of the Court to unseal all of Plaintiffs’
2

filings. Plaintiffs must make this showing as to each specific document (as is their
burden). In other words, Plaintiffs cannot simply rely on a blanket argument that these
types of documents should be sealed. In lieu of a memorandum, Plaintiffs may file a
notice indicating that they do not object to the Court unsealing these filings. If Plaintiffs
fail to file their memorandum or if they fail to carry their heavy burden of persuading the
Undersigned that these documents are entitled to under-seal protection, then the
Undersigned will direct the Clerk of the Court to unseal these documents.
In the future, Plaintiffs will not unilaterally file documents under seal but must
follow the procedure outlined in Local Rule 5.4 and Sections 5A, 5K, 9A-D, and 10B (if
applicable) of the CM/ECF Administrative Procedures. Submissions filed with the Clerk’s
Office are presumptively open and accessible to the public. A party seeking to file
material under seal shall have the burden of demonstrating why sealing is necessary.
DONE AND ORDERED in Chambers, in Miami, Florida, on September 25, 2024.

Copies furnished to:
The Honorable Robert N. Scola, Jr.
All Counsel of Record

3