Opinion

Belle Glade Fish Market, LLC v. United States

Court
District Court, S.D. Florida
Filed
Jul 17, 2022
Cited by
0 cases
Authority
More cited than 20.2%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.: 22-80373-CV-MIDDLEBROOKS/Matthewman

BELLE GLADE FISH MARKET, LLC

and SHERIF REFAAT SEDDDIK,

Plaintiffs,

v.

UNITED STATES OF AMERICA,

Defendant.

____________________________________/

MOTION ADOPTING STIPULATED PROTECTIVE ORDER

THIS CAUSE comes before the Court upon the Parties’ Stipulated Protective Order (DE

18), filed July 14, 2022, which I will construe as a motion (“Motion”). While I find good cause to

enter the Order, I caution that the mere designation as “Confidential Information” (or any other

similar designation, for that matter) by a party will not influence my decision to seal a court filing

on a subsequent motion. If either party later seeks approval to submit a document under seal, such

party should support a motion to file under seal with the specific reasons that justify it.

Pursuant to the Local Rules of the Southern District of Florida, “[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(a). It is clearly established

that the general public possesses a common-law right to access judicial records and that judicial

records are presumed to be public documents. See Nixon v. Warner Commc’ns, Inc., 435 U.S. 589,

597 (1978); see also Chicago Tribune Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1311

(11th Cir. 2001).

Judicial records are presumed to be public documents because “[o]nce a matter is brought

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

See Brown v. Advantage Eng’g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992). With respect to

discovery material, “material filed with discovery motions is not subject to the common-law right

of access, whereas discovery material filed in connection with pretrial motions that require judicial

resolution of the merits is subject to the common-law right.” Chicago Tribune, 263 F.3d at 1312.

“The common law right of access may be overcome by a showing of good cause, which

requires ‘balanc[ing] the asserted right of access against the other party’s interest in keeping the

information confidential.’” Romero v. Drummond Co., Inc., 480 F.3d 1234, 1246 (11th Cir. 2007)

(quoting Chicago Tribune, 263 F.3d at 1309). When determining whether good cause to seal exists,

a district court must first look to “the nature and the character of the information in question.” Id.

(quoting Chicago Tribune, 263 F.3d at 1315). When balancing the public’s common-law right to

access judicial records “against a party’s interest in keeping the information confidential, courts

consider, among other factors, 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.” Id. (citing In re Alexander Grant & Co. Litig., 820 F.2d 352,

356 (11th Cir. 1987)). The Eleventh Circuit ruled that a “party’s privacy or proprietary interest in

information sometimes overcomes the interest of the public in accessing the information.” Id.

(citing Nixon, 435 U.S. at 598).

In attempting to file something under seal with the Court, the parties shall bear in mind

these standards and comply with Local Rule 5.4. Specifically, the Parties must provide the Court

2

with more than just the existence of an agreement between them. The Protective Order binds the

parties, not the Court, and good cause must still be shown before a filing is sealed.

Further, the Court advises the parties that it will consider sanctioning a party if the

Protective Order is abused or a designation is found to be frivolous.

Accordingly, it is ORDERED that the Parties’ request that the Court adopt the Stipulated

Protective Order (DE 18) is GRANTED. The Parties’ Protective Order (DE 18) is adopted and

incorporated in its entirety.

SIGNED in Chambers in West Palm Beach, Florida, this 17th day of July, 2022.

# / i 4 FZ, ie a 7

Co

Donald M. Middlebrooks

United States District Judge

Copies to: Counsel of Record

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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