Filed: Mar. 29, 2016
Latest Update: Mar. 29, 2016
Summary: ORDER R. STAN BAKER , Magistrate Judge . This matter comes before the Court on Defendants' Motion to File Under Seal. (Doc. 42.) For the reasons set forth below, Defendants' Motion is GRANTED . The right of access to judicial records pursuant to common law is well-established. See Nixon v. Warner Commc'ns, Inc. , 435 U.S. 589 , 597 (1978); see also Brown v. Advantage Eng'g, Inc. , 960 F.2d 1013 , 1016 (11th Cir. 1992). This right extends to the inspection and the copying of court rec
Summary: ORDER R. STAN BAKER , Magistrate Judge . This matter comes before the Court on Defendants' Motion to File Under Seal. (Doc. 42.) For the reasons set forth below, Defendants' Motion is GRANTED . The right of access to judicial records pursuant to common law is well-established. See Nixon v. Warner Commc'ns, Inc. , 435 U.S. 589 , 597 (1978); see also Brown v. Advantage Eng'g, Inc. , 960 F.2d 1013 , 1016 (11th Cir. 1992). This right extends to the inspection and the copying of court reco..
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ORDER
R. STAN BAKER, Magistrate Judge.
This matter comes before the Court on Defendants' Motion to File Under Seal. (Doc. 42.) For the reasons set forth below, Defendants' Motion is GRANTED.
The right of access to judicial records pursuant to common law is well-established. See Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978); see also Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992). This right extends to the inspection and the copying of court records and documents. See Nixon, 435 U.S. at 597. The right to access, however, is not absolute. See Globe Newspaper Co. v. Superior Court for Norfolk Cty., 457 U.S. 596, 598 (1982). When deciding whether to grant a party's motion to seal, the court is required to balance the historical presumption of access against any significant interests raised by the party seeking to file under seal. See Chicago Tribune Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1311 (11th Cir. 2001); Newman v. Graddick, 696 F.2d 796, 803 (11th Cir. 1983). In balancing the interests, courts consider, among other things:
whether allowing access would impair court functions or harm legitimate privacy interests, the degree of and likelihood of injury if made public, the reliability of the information, whether there will be an opportunity to respond to the information, whether the information concerns public officials or public concerns, and the availability of a less onerous alternative to sealing the documents.
Romero v. Drummond Co., Inc., 480 F.3d 1234, 1246 (11th Cir. 2005). Additionally, "[a] party's privacy or proprietary interest in information sometimes overcomes the interest of the public in accessing the information." Id. (citing Nixon v. Warner Commc'ns, Inc., 435 U.S. at 598.)
This Court's Local Rule 79.7 sets forth procedures for a party to request that documents be filed under seal. This Court does not allow the automatic filing of documents under seal. Rather, a "person desiring to have any matter placed under seal shall present a motion setting forth the grounds why the matter presented should not be available for public inspection." Local R. 79.7. If the Court denies the Motion to Seal, the Clerk of the Court shall return the materials which the person sought to file under seal, and the person then has the option of filing the materials on the Court's open docket. Id.
Defendants have shown good cause for filing their Motion for Summary Judgment and supporting documents under seal. Specifically, Defendants cite this Court's Protective Order entered after the parties filed a Joint Motion for Protective Order and note their documents contain sensitive information, as set forth by this Court's Order. (Doc. 42, p. 1.) Further, Plaintiff has not filed any opposition to Defendants' Motion. Accordingly, the Court GRANTS Defendants' Motion to File Under Seal. The documents which already have been filed under seal shall REMAIN under seal.1 In addition, the Clerk of Court is DIRECTED to place the filing at Docket Number 38 under seal.
SO ORDERED.
