De Jesus v. UnitedLex Professional Services, LLC

United States District Court for the Middle District of Florida

De Jesus v. UnitedLex Professional Services, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

EVELYN AIMEE DE JESUS,

Plaintiff,

v. Case No. 8:20-cv-618-T-33SPF

UNITEDLEX PROFESSIONAL SERVICES, LLC; UNITEDLEX CORPORATION, INSURANCE AGENCY ABC, INC., and CLIENT XYZ,

Defendants. /

ORDER This matter comes before the Court upon Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. 2), which the Court construes as a motion to proceed in forma pauperis pursuant to

28 U.S.C. § 1915

, and Plaintiff’s Motion Requesting Permission to File Under Seal her motion to proceed in forma pauperis (Doc. 3). Upon review, the Court finds that the motion to proceed in forma pauperis is due to be granted and the motion to seal is due to be denied. Regarding the motion to seal, the Court notes that the motion to proceed in forma pauperis was filed in the open docket. Moreover, Plaintiff has failed to show good cause to seal her motion to proceed in forma pauperis. See Romero v. Drummond Co., Inc., 480 F.3d1234, 1246 (11th Cir. 2007) (a party can overcome common law right of access by a showing of good cause). Although Plaintiff contends that the motion includes personal financial information and circumstances, the motion does not contain any tax identification number or financial account numbers, and “[f]inancial affidavits in support of IFP motions are routinely filed in the open court docket.” Mendez v. Jarden Corp., No. 10-80966-CIV- DIMITROULEAS,

2011 WL 13227825

, at *1 (S.D. Fla. Feb. 25, 2011) (denying motion to seal IFP motion and supporting financial affidavit). “[MJ]otions to proceed in forma pauperts are routinely filed and entered into the public record” in district courts and “[s]uch documents are rarely, if ever sealed.” Hesed El v. Poff, No. CV 118-079,

2018 WL 4688720

, at *2 (S.D. Ga. Sept. 28, 2018). Upon consideration, it is hereby ORDERED: 1. Plaintiff's motion to proceed in forma pauperis (Doc. 2)is GRANTED. 2. Plaintiff is DIRECTED to complete and return the “Summons in a Civil Action” AO 440 forms and the “Process Receipt and Return” USM-285 forms’ to the Clerk within twenty-one (21) days, whereupon the United States Marshal is DIRECTED to serve the summonses on the Defendants. 3. Plaintiff's Motion Requesting Permission to File Under Seal her motion to proceed in forma pauperis (Doc. 3) is DENIED. ORDERED in Tampa, Florida, on April 20, 2020. : “tL

SEAN P. FLYNN UNITED STATES MAGISTRATE JUDGE

‘These forms are available for download on this Court’s website at http://www.flmd.uscourts.gov under the “Forms” link on the top left of the homepage. If Plaintiff does not have access to the Internet, Plaintiff may obtain these forms by contacting the Clerk’s Office at 813-301-5400.

Reference

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