Opinion

Robbins

Court
District Court, M.D. Florida
Filed
Aug 24, 2026
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

EMMA ROBBINS,

Plaintiff,

v. Case No.: 8:25-cv-02688-CEH-AAS

DEAN LEWIS CAMPBELL,

Defendant,

/

ORDER

This matter comes before the Court on Plaintiff’s Unopposed Motion to Seal

(Doc. 60). In the motion, Plaintiff requests an order permitting her to file under seal

the Notice of Filing the Deposition Transcript and Exhibits of Dean Lewis Campbell.

Id. Plaintiff represents that the pertinent transcript and exhibits contain confidential

information. Id. The Court, having considered the motion and being fully advised in

the premises, will deny Plaintiff's Unopposed Motion to Seal.

DISCUSSION

“[T]he courts of this country recognize a general right to inspect and copy . . .

judicial records and documents.” Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597

(1978); see also Romero v. Drummond Co., Inc., 480 F.3d 1234, 1245 (11th Cir. 2007).

Documents filed in connection with a substantive pretrial motion, unrelated to

discovery, such as a motion for class certification, “[are] subject to the common law

right of access,” which includes the right to inspect and copy public records. Romero,

480 F.3d at 1245.

In some limited circumstances, a court has the discretion to permit materials to

be filed under seal. Romero, 480 F.3d at 1246. Such relief will only be granted upon a

showing of “good cause,” which requires balancing the asserted right of access against

the party’s interest in keeping the information confidential. See id. (describing

balancing considerations). Among other factors, courts consider

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. at 1246.

Here, Plaintiff’s request to seal is deficient for multiple reasons.

First, Plaintiff did not attach the documents she seeks to seal, as required by

Rule 1.11(b)(8) of the Middle District of Florida Local Rules. Without the ability to

review the documents, the Court cannot properly analyze Plaintiff’s request to seal.

Second, Plaintiff has not provided a specific reason explaining why the

documents need to be sealed. Instead, Plaintiff only provides a blanket, conclusory

statement that characterizes the documents as confidential. See Doc. 60 ¶ 1. Plaintiff

then states that disclosing the confidential information would violate the parties’

stipulated confidential agreement. Id. ¶ 2. However, the fact that the parties have

designated the documents as “confidential” is not a basis for sealing the documents.

The rules of this Court specifically provide that “[s]ealing is not authorized by a

confidentiality agreement, a protective order, a designation of confidentiality, or a

stipulation.” M.D. Fla. Local Rule 1.11(a); see also Reed v. CRST Van Expedited, Inc.,

8:17-cv-199-JDW-CPT, 2018 WL 5077179, *2 (M.D. Fla. April 17, 2018)

(Whittemore, J.), citing Brown v. Advantage Eng’g, 960 F.2d 1013, 1016 (11th Cir. 1992)

(“[t]he 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”).

Third, and finally, Plaintiff has not sufficiently shown that redaction is not a

viable, less burdensome means to protect the sensitive information. Plaintiff submits

she has taken reasonable steps to protect the confidentiality of the information, and

redaction is unreasonable given the volume of the documents. Doc. 60 ¶ 4. However,

Plaintiff has not detailed what specific steps she has taken to protect the sensitive

information or why the volume of the documents prohibits redacting only those parts

of the documents that the parties deem confidential. Therefore, Plaintiff’s request to

file the requested documents under seal lacks good cause and is due to be denied

because she has not shown that a less onerous means to protect the information is not

available.

The Court is cognizant that the Motion to Seal is unopposed, but the Court, as

the “primary representative of the public interest in the judicial process, is bound by

duty to review any request to seal the record (or part of it) and may not rubber stamp”

requests to seal. Mobile Shelter Sys. USA, Inc. v. Grate Pallet Sols., LLC, No. 3:10-cv-978-

RBD-JBT, 2011 WL 5357843, at *2 (M.D. Fla. Nov. 1, 2011) (internal quotation

marks and alterations omitted). Accordingly, it is

ORDERED:

Plaintiffs Unopposed Motion to Seal (Doc. 60) is DENIED WITHOUT

PREJUDICE.

DONE AND ORDERED in Tampa, Florida on August 24, 2026.

Charlene Edwards Honeywell

United States District Judge

Copies to:

Counsel of Record

Unrepresented Parties, if any

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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