Opinion

Ryzhov v. Mayorkas

Court
District Court, S.D. Florida
Filed
Sep 30, 2021
Cited by
0 cases
Authority
More cited than 20.1%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 21-cv-23478-BLOOM/Otazo-Reyes

EVGENY RYZHOV,

Plaintiff,

v.

ALEJANDRO MAYORKAS,

Acting Secretary of the United States

Department of Homeland Security,

Defendant.

________________________________/

ORDER ON MOTION TO SEAL

THIS CAUSE is before the Court upon Plaintiff Evgeny Ryzhov’s (“Plaintiff” or

“Rhyzov”) Motion to Seal, ECF No. [3] (“Motion”), filed in conjunction with his Complaint, ECF

No. [1]. For the reasons that follow, the Motion is denied.

“[T]he common-law right of access to judicial proceedings, an essential component of our

system of justice, is instrumental in securing the integrity of the process.” Chicago Tribune Co. v.

Bridgestone/Firestone, Inc., 263 F.3d 1304, 1311 (11th Cir. 2001) (citing Richmond Newspapers,

Inc. v. Virginia, 448 U.S. 555, 564-74 (1980)). “Once a matter is brought before a court for

resolution, it is no longer solely the parties’ case, but also the public’s case.” Brown v. Advantage

Eng’g., Inc., 960 F.2d 1013, 1016 (11th Cir. 1992). Where a court “attempts to deny access in

order to inhibit the disclosure of sensitive information, it must be shown that the denial is

necessitated by a compelling governmental interest and is narrowly tailored to that interest.”

Newman v. Graddick, 696 F.2d 796, 802-03 (11th Cir.1983); see also Brown, 960 F.2d at 1015-16

(11th Cir.1992); Wilson v. American Motors Corp., 759 F.2d 1568, 1571 (11th Cir.1992).

Courts “have discretion to determine which portions of the record should be placed under

seal, but [such] discretion is guided by the presumption of public access to judicial documents.”

Perez-Guerrero v. U.S. Attorney Gen., 717 F.3d 1224, 1235 (11th Cir. 2013). Public or judicial

records are presumptively public, while documents which are not considered public or judicial

records, such as discovery documents, are not. See F.T.C. v. AbbVie Prods. LLC, 713 F.3d 54 (11th

Cir. 2013). “Judges deliberate in private but issue public decisions after public arguments based

on public records . . . . Any step that withdraws an element of the judicial process from public

view makes the ensuing decision look more like fiat and requires rigorous justification.” Perez-

Guerrero, 717 F.3d at 1235 (alteration in original) (quoting Hicklin Eng’g, L.C. v. Bartell, 439

F.3d 346, 348 (7th Cir. 2006), abrogation on other grounds recognized by RTP LLC v. ORIX Real

Estate Capital, Inc., 827 F.3d 689 (7th Cir. 2016)).

Under the Local Rules, “[u]nless 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.” S.D. Fla. L.R. 5.4 (2020). Within this framework, a party seeking to file documents under

seal in a civil case must provide the factual and legal basis for the sealed filing be provided as

follows:

A party or pro se party seeking to seal a case in its entirety must file a motion to

seal . . . [which] must set forth the factual and legal basis for departing from the

policy that Court filings be public . . .”

S.D. Fla. Local Rule 5.4(b)(3).

Here, Plaintiff asserts that he is an asylee who, along with his family, is “still persecuted

by the Russian corrupt high-level officials and their accomplices who had sent to Plaintiff death

threats. Thereby, Plaintiff seeks to avoid unintentional and unauthorized disclosure of any

classified, protected, personal or national security information or documents obtained through the

Case No. 21-cv-23478-BLOOM/Otazo-Reyes

action from any source, including Defendant.” ECF No. [3] at 1. Plaintiff also asserts that the FBI

is still investigating his “legal complaint,” and that this case “may touch some issues of National

Security that probably should not be in free access in order to avoid abuse in the future.” /d. In this

case, Plaintiff seeks a writ of mandamus directing Defendant to issue a decision on his family

members’ pending I-730 application. See ECF No. [1]. While the Court can appreciate Plaintiff's

privacy concerns, the Motion does not, however, set forth a sufficient factual or legal basis for

maintaining this entire case under seal. Plaintiff’s conclusory and general assertions regarding

“Russian corrupt high-level officials and their accomplices,” non-particularized assertions that his

family’s immigration petitions “may touch on some issues of National Security,” and FBI

investigation into an unspecified “legal complaint,” do not otherwise satisfy the high burden a

proponent of a motion to seal must overcome.

Accordingly, Plaintiff's Motion, ECF No. [3], is DENIED. The Clerk of Court is directed

to UNSEAL this case return all filings to the public docket.

DONE AND ORDERED in Chambers at Miami, Florida, on September 29, 2021.

UNITED STATES DISTRICT JUDGE

Copies to:

Counsel of Record

Evgeny Ryzhov, pro se

8655 SW 152nd Avenue, Suite 148

Miami, Florida 33193

Email: E.Ryzhov@ yahoo.com

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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