Opinion

Franco-Rey v. Vega Vazquez

Court
District Court, M.D. Florida
Filed
Aug 18, 2022
Cited by
0 cases
Authority
More cited than 19.9%

“Once a matter is brought before a court for resolution, it is no longer solely the parties’ case, but also the public’s case.”

How later courts described this case

  • “Once a matter is brought before a court for resolution, it is no longer solely the parties’ case, but also the public’s case.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

KARINA FRANCO-REY,

Plaintiff,

v. Case No: 6:22-cv-1334-CEM-EJK

OSCAR VEGA VAZQUEZ,

Defendant.

ORDER

This cause comes before the Court on pro se Plaintiff’s Motion to Keep Case

from Public Record (the “Motion”), filed August 16, 2022. (Doc. 8.) Upon

consideration, the Motion is due to be denied.

Plaintiff seeks to keep this case “exempt from public record” due to

“cyberstalking, defamation of character, aggravated assault, and all other mentioned .

. . due to the severity and all those involved that have been under the public corruption

cyberstalking eye.” (Id. at 1.) Beyond this, the Motion does not discuss the Complaint

or explain why the case should be shielded from the public view.

Local Rule 1.11(c) requires the following for filing a document under seal, if it

is not authorized by a statute, rule, or order:

(1) must include in the title “Motion for Leave to File Under

Seal”; (2) must describe the item proposed for sealing; (3)

must state the reasons . . . filing the item is necessary, . . .

sealing the item is necessary, and . . . partial sealing,

redaction, or means other than sealing are unavailable or

unsatisfactory; (4) must propose a duration of the seal; (5)

must state the name, mailing address, email address, and

telephone number of the person authorized to retrieve a

sealed, tangible item; (6) must include a legal memorandum

supporting the seal; but (7) must not include the item

proposed for sealing.

In addition to compliance with the Local Rules, this circuit requires a strong

showing by the proponent of a motion to seal before the Court will deny public access

to judicial proceedings. Brown v. Advantage Eng’g, Inc., 960 F.2d 1013, 1016 (11th Cir.

1992) (“Once a matter is brought before a court for resolution, it is no longer solely the

parties’ case, but also the public’s case.”). Courts in this country recognize “a general

right to inspect and copy public records and documents, including judicial records and

documents.” Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597 (1978).

However, a party may overcome the public’s right to access by demonstrating

good cause. Romero v. Drummond Co., Inc., 480 F.3d 1234, 1246 (11th Cir. 2007). If

good cause is shown, the court must balance the interest in obtaining access to the

information against the interest in keeping the information confidential. See Chicago

Tribune Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1309 (11th Cir. 2001). Factors

a court may consider are:

[W]hether 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, 480 F.3d at 1246.

Plaintiff has failed to comply with the Local Rules and not met her burden of

demonstrating good cause to seal the instant action. Accordingly, it is hereby

ORDERED that the Motion to Keep Case from Public Record (Doc. 8) is DENIED.

DONE and ORDERED in Orlando, Florida on August 18, 2022.

KIDD

UNITED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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