Summary
stating that the language in Section 2(e) specifying that DTSA applies to "any misappropriation . . . for which any act occurs" after the effective date "suggests that when an 'act' occurs after the effective date, a partial recovery is available on a misappropriation claim."
Summary of this case from Farmers Edge Inc. v. Farmobile, LLCOpinion
Case No. 8:16-cv-1503-T-33AEP
06-15-2016
ADAMS ARMS, LLC, Plaintiff, v. UNIFIED WEAPONS SYSTEMS, INC., ET AL., Defendants.
ORDER
This matter is before the Court pursuant to Plaintiff Adams Arms, LLC's Motion to Seal (Doc. # 6), which was filed on June 14, 2016. For the reasons that follow, the Court grants the Motion. Analysis
Plaintiff seeks an Order authorizing it to file under seal the Declaration of Michael K. Froning and the exhibits thereto, which Plaintiff intends to submit in support of Plaintiff's anticipated Motion for Preliminary Injunction.
In this district, the proponent of a motion to seal must include: (i) an identification and description of each item proposed for sealing; (ii) the reason that filing each item is necessary; (iii) the reason for sealing each item; (iv) the reason that a means other than sealing is unsatisfactory to preserve the interest advanced by the motion to seal; (v) a statement of the proposed duration of the seal; and (vi) a memorandum of law. See Local Rule 1.09(a), M.D. Fla. The relevant rule also states: "Unless otherwise ordered by the Court for good cause shown, no order sealing any item pursuant to this section shall extend beyond one year, although a seal is renewable by a motion that complies with (b) of this rule, identifies the expiration of the seal, and is filed before the expiration of the seal." See Local Rule 1.09(c), M.D. Fla.
Plaintiff has satisfied these requirements. The items to be sealed are described in the Motion, and Plaintiff has provided a satisfactory reason why the documents must be filed as they "address the confidential information and trade secrets at issue in this case." (Doc. # 6 at 1). The Court determines that these documents are confidential and proprietary, and that good cause exists to seal each document. Disclosure of the documents to the public could put Plaintiff at a competitive disadvantage or otherwise invade Plaintiff's legitimate business interests. Plaintiff also maintains that "no means other than sealing is available that will allow this Court to be fully advised of the relevant issues while protecting [Plaintiff's] interest in the confidentiality of the documents and information." (Id. at 2). After due consideration, the Court grants the Motion to Seal.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED: (1) Plaintiff Adams Arms, LLC's Motion to Seal (Doc. # 6) is GRANTED. (2) Plaintiff is authorized to file the Declaration of Michael K. Froning and the exhibits thereto under seal. (3) The documents shall remain under seal for a period of one year.
DONE and ORDERED in Chambers in Tampa, Florida, this 15th day of June, 2016.
/s/_________
VIRGINIA M. HERNANDEZ COVINGTON
UNITED STATES DISTRICT JUDGE