MCKENZIE
v.
UNITED STATES TENNIS ASSOCIATION INCORPORATED
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The court granted the unopposed motion to seal exhibits and substitute a redacted version, finding good cause to protect a third-party victim's privacy.
Defendants filed an unopposed motion to seal four exhibits submitted by the plaintiff in response to a summary judgment motion. The reason for sealing…
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EXHIBIT (Doc. No. 115) FILED: October 25, 2023
THEREON it is ORDERED that the motion is GRANTED. Before the Court is Defendants’ unopposed motion to seal four (4) exhibits Plaintiff wishes to file to support her response to Defendants’ motion for summary judgment. Doc. No. 115. See also Doc. Nos. 108-1 through 108-4. The basis for this request is that information contained within the exhibits would reveal the identity of non-party witness Jane Doe, the victim of sexual misconduct and an employee of Defendants. Doc. No. 115. Defendants also ask the Court to remove a previously filed exhibit from the docket related to their summary judgment motion, Doc. No. 97-4, for the same reason, and to permit the filing of a redacted version of same in its place. Doc. No. 115, at 9. Upon review, for the same reasons previously set forth by the Court regarding the sealing of similar materials, see Doc. No. 102, and having considered Local Rule 1.11 and the Eleventh Circuit’s standard for sealing, the Court will permit these exhibits to be filed under seal at this time.1 However, after review of
1. Defendants’ Unopposed Motion to Seal Plaintiff’s Exhibits to Response to Defendants’ Motion for Summary Judgment and to Substitute Redacted Version of Filed Exhibit (Doc. No. 115) is GRANTED.
2. On or before November 2, 2023, Plaintiff shall file under seal the four (4) exhibits related to her response to Defendants’ motion for summary judgment. See Doc. Nos. 108-1 through 108-4. This seal shall not extend beyond ninety (90) days after the case is closed and all appeals exhausted. See Local Rule 1.11(f).
circumstances, the Court finds good cause to permit the documents to be filed under seal. See also McCord v. Reardon, No. 20-CV-2005 (EK), 2020 WL 5342637, at *2 (E.D.N.Y. Sept. 4, 2020) (“The importance of safeguarding a sexual assault victim’s identity is a ‘compelling reason’ to limit the general public’s access to documents filed in a case.”); Warren v. S&S Prop. Mgmt., Inc., No. 1:17-CV-4187-SDG-JSA, 2020 WL 5223750, at *7 (N.D. Ga. June 3, 2020) (permitting summary judgment briefing and exhibits containing sensitive information related to sexual assault to be filed under seal). However, in so ruling, the Court finds unpersuasive Defendants’ argument that Local 1.11(d) does not apply, particularly given that the privacy right belongs to a thirdparty, Jane Doe, and it appears that the documents at issue are Defendants’. 3. The Clerk of Court is DIRECTED to REMOVE Doc. No. 97-4 from the docket. 4. On or before November 2, 2023, Defendants shall file a redacted version of Doc. No. 97-4 on the docket. 5. This Order does not extend any deadlines related to summary judgment briefing. DONE and ORDERED in Orlando, Florida on October 30, 2023.
LESLIE 3 AN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties