JAMES D. WHITTEMORE, District Judge.
Trial courts have the inherent authority and discretion to seal records. Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 598 (1978). Decisions on motions to seal must balance the public's common law right of access against the interests favoring confidentiality. Id. at 599. The common law right of access is implicated by any pretrial motion that requires judicial resolution of the merits, including motions for class certification, summary judgment motions, motions in limine, and Daubert motions, and can be overcome only by a showing of "good cause." Chicago Tribune Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1310-12 (11th Cir. 2001).
The decision to seal is the trial court's prerogative, not the parties'. Baxter Int'l, Inc. v. Abbott Labs., 297 F.3d 544, 545 (7th Cir. 2002). The parties' mutual agreement to keep documents confidential or to seal materials is "immaterial" to a court's decision regarding the public's right of access. Brown v. Advantage Eng'g, 960 F.2d 1013, 1016 (11th Cir. 1992). And, the right to file a document under seal does not automatically follow a confidentiality designation during discovery. See Baxter, 297 F.3d at 545 (denying renewed, joint motion to place documents under seal, and stressing that parties must offer legal justification for placing documents under seal, not merely label documents as confidential); United States v. Garrett, 571 F.2d 1323, 1326 n.3 (5th Cir. 1978) (common law right of access cannot be overcome by "stereotyped and conclusory statements").
The "good cause" standard requires the trial court to "balance the respective interests of the parties." Chicago Tribune, 263 F.3d at 1313. Whether good cause exists depends on the nature and character of the information in question. Romero, 480 F.3d at 1246. In balancing the public's right of access to court documents against a party's interest in keeping the information confidential, courts consider
Romero, 480 F.3d at 1246.
The Local Rules for the Middle District of Florida also prescribe the contents of a motion to seal. The movant 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 that sealing each item is necessary; (iv) the reason that a means other than sealing is unavailable or unsatisfactory to preserve the interest advanced by the movant in support of the seal; (v) a statement of the proposed duration of the seal; and (vi) a memorandum of legal authority supporting the seal. M.D. Fla. L.R. 1.09(a).
Plaintiff fails to sufficiently identify and describe each item proposed for sealing and fails to provide the reason that sealing each item is necessary, other than stating that Defendant labeled the items as "confidential," which is not a legal basis for sealing. Plaintiff does not explain the reason why a means other than sealing, such as redaction, is unavailable. And, Plaintiff fails to include a memorandum of legal authority supporting the seal.
Accordingly, Plaintiff's Motion for Leave to File Under Seal Certain Exhibits in Support of Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment (Dkt. 80) is