JOINT MOTION TO SEAL EVIDENCE
The Plaintiff, Richard Alexander Williams, and Defendant, First Advantage LNS Screening Solutions, Inc., pursuant to Rule 5.2(d) and (f) of the Federal Rules of Civil Procedure, jointly move for an Order placing evidence under seal, and, as grounds therefore, state as follows:
- Rule 5.2(a)(1) and (2) of the Federal Rules of Civil Procedure, requires that any filings contain only the last four digits of social security numbers and only the year of an individual’s birth.
- As the use of identifiers was a central issue in the case, evidence was introduced at trial that included Plaintiff’s Social Security Numbers. In particular, the following:
Plaintiff’s Exhibit 2: Partial SSN; Partial DOB; Contact Info.
Plaintiff’s Exhibit 3- Partial SSN
Plaintiff’s Exhibit 5 – Partial SSN
Plaintiff’s Exhibit 6 – Partial SSN; Contact Information
Plaintiff’s Exhibit 10 – Partial SSN; Partial DOB
Plaintiff’s Exhibit 11 – Partial SSN; Partial DOB
Plaintiff’s Exhibit 12 – Full SSN; Full DOB
Plaintiff’s Exhibit 32 – Partial SSN; Partial DOB
Plaintiff’s Exhibit 35 – Partial SSN; Full DOB; Full Driver’s License No.
Plaintiff’s Exhibit 36 – Partial SSN; Partial DOB
Plaintiff’s Exhibit 38 – Full SSN; Full DOB
Plaintiff’s Exhibit 55 – Full SSN
- Moreover, sensitive and highly confidential financial information of Defendant and its holding company, STG-Fairway Holdings, LLC, was introduced into evidence as Plaintiff’s Exhibit 51. Exhibit 51 consists of highly confidential audited consolidated financial statements and financial analyses of STG-Fairway Holdings, LLC and its related entities (including Defendant), including: Statements of Operations, Statements of Comprehensive Loss, Statements of Cash Flows, Statements of Changes in Members’ Equity, and related notes to the above-referenced consolidated statements. Exhibit 51 also contains a confidential Independent Auditors’ Report.
- Pursuant to the Court’s Protective Order (ECF No. 37), Defendant’s financial information and information regarding Defendant’s business plans and strategies may be considered “Confidential Materials” and are properly placed under seal.
- In addition, Defendant respectfully asserts that its and STG Fairway Holdings, LLC’s legitimate privacy interests will be harmed if Exhibit 51 is not sealed. Defendant and STG Fairway Holdings, LLC have a right to keep its financial statements, financial analysis, and its other related financial data confidential. See Reid v. Viacom, 2016 WL 4157208 (N.D. Ga. Jan. 25, 2016) (private financial data permitted under seal); Graphic Packaging International, Inc. v. C.W. Zumbiel Co., 2010 WL 6790538, at *2 (M.D. Fla. Oct. 28, 2010) (“Courts have found that a company’s privacy interest in its financial records . . . often outweigh[s] the public right of access.”). Moreover, given the voluminous nature of the confidential information contained within Exhibit 51, redaction is not feasible. See L.R. 5.5(D)(2).
WHEREFORE, the parties respectfully request that the Court enter an Order sealing the above-listed exhibits. However, should Defendant and/or Plaintiff appeal this matter, the parties jointly request that the Eleventh Circuit and/or the Supreme Court of the United States be permitted to view full versions of any sealed documents.