United States District Court, M.D. Florida, Tampa Division
ELIZABETH A. KOVACHEVICH JUDGE
cause is before the Court on:
Dkt. 816 Motion to Redact Trial Transcript (Kaplan Parties)
Dkt. 819 Memorandum of Law in Opposition (Regions Bank)
Marvin I. Kaplan, R1A Palms, LLC, Triple Net Exchange, LLC,
MK Investing, LLC and BNK Smith, LLC) ("Kaplan
Parties") move to redact the trial transcript. Kaplan
Parties have attached the proposed redactions as Exhibit A to
the Motion (18 pages). Kaplan Parties argue that the proposed
redactions are necessary to protect sensitive information
regarding: 1) Mr. and Mrs. Kaplan's personal financial
information, and 2) non-party financial and personal
Parties assert that the information for which Kaplan Parties
request redaction is generally not directly germane to the
claims and issues in this case, and the public interest will
not be served by disclosing miscellaneous financial and
personal information of Mr. and Mrs. Kaplan and unrelated
third parties, whose interest in maintaining privacy
outweighs the public's interest in disclosure.
Parties further argue that the requested redaction of the
trial transcript will not prejudice the other parties, in
light of the fact that this Court has already entertained and
granted the parties' requests to seal trial exhibits
containing sensitive information.
Regions Bank opposes Kaplan Parties' Motion to Redact
Trial Transcript, arguing that the Motion to Redact does not
comply with Local Rule 1.09, does not describe the
information in any detail, and does not provide the rigorous
justification necessary for sealing.
Standard of Review
exceptional circumstances, trials are public proceedings. The
district court has discretion to determine which portions of
the record should be placed under seal, but the district
court's discretion is guided by the presumption of public
access to judicial documents. "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 Engineering, Inc.. 960 F.2d 1013
(11th Cir. 1992). While the parties to a lawsuit
"have protectable privacy interests in confidential
information disclosed through discovery, once the information
becomes a judicial record or a public document, the public
has a common-law right to inspect and copy the information.
In re Alexander Grant & Co. Litigation. 820 F.2d
352, 355 (11th Cir. 1987).
public's right of access may be overcome by a showing of
"good cause" sufficient for the granting of a
protective order pursuant to Fed.R.Civ.P. 26(c). "Good
cause is established by the moving party when disclosure will
cause the party to suffer a clearly defined and serious
injury." See NXP B.V. v. Blackberry Ltd., 2014
WL 40591935, at *2 (M.D. Fla. Aug. 15, 2014).
Court has a duty to balance the public's right of access
against the party's interest in confidentiality. "In
balancing the public interest in accessing court documents
against a party's interest in keeping the information
confidential, courts consider, among other facts, whether
allowing access would impair court functions or harm
legitimate privacy interests, the degree 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 Company, Inc.. 480 F.3d 1234,
1246 (11th Cir. 2007). The decision as to access
is left to the sound discretion of the trial court, to be
exercised in light of the relevant facts and circumstances of
the particular case. Belo Broad. Corp. v. Clark. 654
F.2d 423, 430 (5th Cir. 1981).
Kaplan Parties requests that the Court approve the proposed
redactions in the table attached to Defendants' Motion.
The Court understands that Defendant Kaplan Parties are
asserting Defendant Kaplan's generalized privacy right to
keep personal financial information private. The table
provides only page and line references, without ...