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Winn-Dixie Stores, Inc. v. Southeast Milk, Inc.

United States District Court, M.D. Florida, Jacksonville Division

October 21, 2019

Winn-Dixie Stores, Inc., Plaintiff,
v.
Southeast Milk, Inc., Etc., Defendants.

          ORDER

          Patricia D. Barksdale United States Magistrate Judge.

         Before the Court are seven motions to seal exhibits relating to motions for summary judgment, to exclude expert opinions, and to strike a defense. Docs. 262, 265, 266, 268, 274, 275, 278. An overview of the case and the standards for sealing are in earlier filings and not repeated here. SeeDocs. 34, 74, 254.

         For receipt by October 25, 2019, the plaintiff must provide the clerk's office hardcopy versions of the following exhibits. Upon receipt, the clerk must file the exhibits on the public docket, replacing the placeholders with the exhibits. The defendants designated the documents as confidential or highly confidential but do not oppose filing them on the public docket. Doc. 279.

Doc. No.

Ex.

Associated Filing

Doc. 276-23

22

Plaintiff's Response in Opposition to Defendants' MSJ

Doc. 276-24

23

Plaintiff's Response in Opposition to Defendants' MSJ

Doc. 276-25

24

Plaintiff's Response in Opposition to Defendants' MSJ

Doc. 276-26

25

Plaintiff's Response in Opposition to Defendants' MSJ

Doc. 276-27

26

Plaintiff's Response in Opposition to Defendants' MSJ

Doc. 276-32

31

Plaintiff's Response in Opposition to Defendants' MSJ

Doc. 276-37

36

Plaintiff's Response in Opposition to Defendants' MSJ

Doc. 276-41

40

Plaintiff's Response in Opposition to Defendants' MSJ

Doc. 276-42

41

Plaintiff's Response in Opposition to Defendants' MSJ

Doc. 277-9

8

Plaintiff's Response in Opposition to Defendants' Motion to Strike or Exclude

Doc. 277-12

11

Plaintiff's Response in Opposition to Defendants' Motion to Strike or Exclude

Doc. 277-17

16

Plaintiff's Response in Opposition to Defendants' Motion to Strike or Exclude

Doc. 277-20

19

Plaintiff's Response in Opposition to Defendants' Motion to Strike or Exclude

Doc. 277-21

20

Plaintiff's Response in Opposition to Defendants' Motion to Strike or Exclude

Doc. 277-23

22

Plaintiff's Response in Opposition to Defendants' Motion to Strike or Exclude

         For receipt by October 25, 2019, the plaintiff must provide the clerk's office hardcopy versions of the following exhibits to be temporarily placed under seal. The Court will direct the clerk to file the exhibits on the public docket unless, by November 1, 2019, the defendants file a motion and memorandum of law showing the presumption of public access to the exhibits is overcome.

Doc. No.

Ex.

Associated Filing

Doc. 263-10

9

Plaintiff's Motion to Exclude or Limit Opinions of Defendants' Experts

Doc. 263-21

20

Plaintiff's Motion to Exclude or Limit Opinions of Defendants' Experts

         For receipt by October 25, 2019, the defendants must provide the clerk's office hardcopy versions of the following exhibits in both redacted and unredacted form. Upon receipt, the clerk must file the redacted versions on the public docket, replacing the placeholders with the exhibits. The clerk must file the unredacted versions under seal. For the reasons stated in the motions, Docs. 262, 265, 274, the defendants have overcome the presumption of public access to the redacted information.

Doc. No.

Ex.

Associated Filing

Doc. 261-21

U

Declaration of Nathan P. Eimer

Doc. 264-32

31

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

Doc. 264-33

32

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

Doc. 264-34

33

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

Doc. 264-39

38

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

Doc. 264-40

39

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

Doc. 264-41

40

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

Doc. 264-42

41

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

Doc. 264-44

43

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

Doc. 273-3

2

Defendants' Response in Opposition to Plaintiff's Partial MSJ

         For receipt by October 25, 2019, the defendants must provide the clerk's office hardcopy versions of the following exhibits. The clerk must file the exhibits under seal. For the reasons stated in the motion, Doc. 265, the defendants have overcome the presumption of public access to the redacted information.

Doc. No.

Ex.

Associated Filing

Doc. 264-22

21

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

Doc. 264-23

22

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

Doc. 264-24

23

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

Doc. 264-25

24

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

Doc. 264-26

25

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

Doc. 264-27

26

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

Doc. 264-28

27

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

Doc. 264-43

42

Defendants' MSJ on Antitrust Immunity, Liability, and Standard of Review

         For receipt by October 25, 2019, the defendants must provide the clerk's office a hardcopy version of the following exhibit. Upon receipt, the clerk must file the exhibit on the public docket, replacing the placeholder with the exhibit. The defendants provide no good reason to seal the exhibit, and the exhibit already has been filed on the public docket without opposition. See Doc. 256-6.

Doc. No.

Ex.

Associated Filing

Doc. 261-8

H

Declaration of Nathan P. Eimer

         For receipt by October 25, 2019, the defendants must provide the clerk's office hardcopy versions of the following deposition transcripts (and any exhibits to the transcripts) in their entirety. Upon receipt, the clerk must file them under seal. The parts of the deposition transcripts (and any exhibits to the transcripts) pertinent to the pending motions and responses are already on the public docket.

Deposition

Date(s)

Scott Brown

November 7, 2014

John Connor

May 13, 2015;[1] February 13, 2018; June 22, 2018

Calvin Covington

December 6, 2017

Edward Gallagher

May 6, 2015

Jerome Kozak

February 5, 2015

Graham Leary

March 6, 2018

Andrew Novakovic

March 16, 2018

Bryan Ricchetti

March 22, 2018

Richard Stammer

January 30, 2015

Thomas Wegner

January 22, 2015

John Wilson

January 8-9, 2015

Joseph Wright[2]

January 12, 2017


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