Politz et al v. Nationwide Mutual Fire Insurance Company et al

REPLY to Response to Motion re Response to Motion to Seal Document

S.D. Miss.September 17, 2009

1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION HELEN POLITZ PLAINTIFF VERSUS CIVIL ACTION NO.:1:08CV18-LTS-RHW NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, ET AL DEFENDANTS REPLY TO [425] RESPONSE TO [421] MOTION TO SEAL DOCUMENT COMES NOW the Plaintiff, HELEN J. POLITZ, by and through her attorneys of record, DENHAM LAW FIRM, and would file this her Reply to [425] Response to [421] Motion to Seal Document, and in support thereof would show as follows: I. Plaintiff respectfully submits Plaintiff’s [421] Motion is not moot as alleged by Nationwide. Although the Court ruled on Nationwide’s Motion to File Under Seal Exhibit 2, Nationwide could have and should have redacted the personal, confidential and financial information contained in Plaintiff’s deposition prior to placing the deposition in the public domain. Plaintiff’s July 21, 2009, deposition contains information regarding Plaintiff’s personal finances, her place of employment and sensitive information regarding her childhood. II. Plaintiff prays the Court will remove her July 21, 2009, deposition from public access and preclude Defendant from placing her July 21, 2009, deposition in the public domain by any means, including but not limited to, precluding Defendant from filing either document as an exhibit with the Courts PACER system. III. Because the facts and legal principles contained in this Reply have been fully Case 1:08-cv-00018-LTS-RHW Document 426 Filed 09/17/2009 Page 1 of 3 2 discussed and developed, Plaintiff respectfully requests that she be excused from submitting a separate memorandum brief in support of this Reply under Uniform District Court Rule 7.2(D). WHEREFORE, PREMISES CONSIDERED, the Plaintiff prays the Court will seal and/or remove Exhibit “2” to [420] Nationwide's Reply to Response to Motion [404] Motion for Summary Judgment (Second Supplemental) from the Court’s website to protect the Plaintiff’s privacy. Respectfully submitted, HELEN J. POLITZ BY: DENHAM LAW FIRM BY: ___s/Kristopher W. Carter_ KRISTOPHER W. CARTER MS Bar No. 101963 I, KRISTOPHER W. CARTER, do hereby certify that I electronically filed the above and foregoing document with the Clerk of the Court utilizing the ECF system, which provides notification of said filing to the following: Laura Limerick Gibbes, Esquire Laura Louise Hill, Esquire Watkins, Ludlam, Winter & Stennis, P.A. Post Office Drawer 160 Gulfport, MS 39502-0160 Elizabeth Locke, Esquire Daniel F. Attridge, P.C. Thomas A. Clare, P.C. Christian D.H. Schultz Robert B. Gilmore, Esquire Sean M. McEldowney, Esquire Kirkland & Ellis LLP 655 15th Street, N.W., Suite 1200 Washington, DC 20005 Crockett Lindsey U.S. Attorney’s Office 1575 20th Ave. Gulfport, MS 39501 SO CERTIFIED on this the 17th day of September, 2009. Case 1:08-cv-00018-LTS-RHW Document 426 Filed 09/17/2009 Page 2 of 3 3 _ s/Kristopher W. Carter_ KRISTOPHER W. CARTER KRISTOPHER W. CARTER, MS Bar No. 101963 DENHAM LAW FIRM 424 Washington Avenue (39564) Post Office Drawer 580 Ocean Springs, MS 39566-0580 228.875.1234 Telephone 228.875.4553 Facsimile Case 1:08-cv-00018-LTS-RHW Document 426 Filed 09/17/2009 Page 3 of 3