UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

CASE NO. 20-cv-23391- GOODMAN 

[Consent Case] 

ADT LLC; and The ADT Security 

Corporation, 

Plaintiffs/Counterclaim Defendants, 

v. 

Vivint Smart Home, Inc. f/k/a Mosaic 

Acquisition Corp.; and Legacy Vivint Smart 

Home, Inc. f/k/a Vivint Smart Home, Inc., 

Defendants/Counterclaimants. 

/ 

ADT’S UNOPPOSED MOTION TO FILE DOCUMENTS UNDER SEAL 

Plaintiffs ADT LLC and The ADT Security Corporation (collectively “ADT”) respectfully 

move for leave to submit documents to the Court under seal, and in support state as follows: 

1. On February 3, 2021, the Court entered a modified version of the Parties’ Stipulated 

Protective Order (D.E. 31, the “Protective Order”). Pursuant to the Protective Order, the parties 

may designate documents as “CONFIDENTIAL” and “HIGHLY CONFIDENTIAL – 

ATTORNEYS’ EYES ONLY.” Thereafter, without written consent from the designating party or 

a court order, such documents may only be filed under seal pursuant to Local Rule 5.4 and the 

Court’s Discovery Procedures Order (D.E. 8, pp. 10-15). (Protective Order ¶ 13.3.) 

2. In support of its Oppositions to Defendants’ Motion in Limine and Daubert 

Motions, ADT desires to file and use as exhibits a number of documents that Vivint has designated 

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“CONFIDENTIAL” and/or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (the 

“Documents to be Sealed”). 

3. Pursuant to Fed. R. Civ. P. 26(c)(1)(H), the Court may issue an order requiring the 

parties to file specified documents or information under seal to protect a party or person from 

annoyance, embarrassment, oppression, or undue burden or expense. Moreover, any presumed 

right of access to court records may be overcome by a showing of good cause. Romero v. 

Drummond Co., 480 F.3d 1234, 1245 (11th Cir. 2007). A showing of good cause requires 

balancing the asserted right of access against a party’s interest in keeping the information 

confidential, and good cause is decided by the “nature and character of the information in 

question.” Id. at 1246. In making this determination, the Court considers: “whether allowing 

access would impair court functions or harm legitimate privacy interests, the degree of and 

likelihood of injury if made public, the reliability of the information, whether there will be an 

opportunity to respond to the information, whether the information concerns public officials or 

public concerns, and the availability of a less onerous alternative to sealing the documents.” Harte 

Hanks, Inc. v. Castaneda, No. 19-CV-62134-AMC, 2020 U.S. Dist. LEXIS 219632, at *3 (S.D. 

Fla. Nov. 24, 2020). 

4. To comply with the Protective Order, ADT seeks permission to seal the Documents 

to be Sealed and for this Court to require Vivint to file redacted versions of all the exhibits filed 

under seal, redacting only those portions which it deems confidential in a manner consistent with 

the Court’s protocol set forth in its December 16, 2022 Order. (See D.E. 117.) 

5. The Documents to be Sealed consist of the following documents designated by 

Vivint as “Confidential” or “Attorneys’ Eyes Only” under the Protective order: 

 Vivint spreadsheet collecting customer complaints [VIVINT00026660.01] [Ex. A 

to ADT’s Opp. To Vivint’s MIL] (filed in two parts due to size) 

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 Transcript of January 16, 2023 30(b)(6) deposition of Vivint [Kent Hansen] [Ex. B 

to ADT’s Opp. To Vivint’s MIL]

 Vivint’s BBB Complaint Analysis dated June 2014 [VIVINT009794] [Ex. K to 

ADT’s Opp. To Vivint’s MIL]

 Deposition Transcript of Brian Buss dated September 7, 2022 [Ex. G to ADT’s 

Opp. To Vivint’s MTE Dr. Winer]

 Brian Buss Expert Report dated September 9, 2021 [Ex. H to ADT’s Opp. To 

Vivint’s MTE Dr. Winer]

6. ADT proposes that the seal last for the duration of this action. At the conclusion of 

this action, ADT proposes all copies of the Documents to be Sealed in the Court’s possession be 

deleted or made public as the Court deems appropriate. 

WHEREFORE, for the reasons set forth above, ADT respectfully requests leave to file 

under seal the Documents to be Sealed, in accordance with this Court’s Local Rules and 

procedures, and the terms of the Protective Order. If requested by the Court, ADT will also deliver 

electronic and/or paper copies of the Documents to be Sealed to chambers. 

CERTIFICATE OF GOOD FAITH CONFERRAL 

Pursuant to Local Rule 7.1(a)(3), undersigned counsel certifies that on January 23 and 24, 

2023, counsel conferred in good faith by email with counsel for Vivint regarding this motion, who 

stated that Vivint will not oppose the motion. 

Dated: January 24, 2023 Respectfully submitted, 

SHOOK, HARDY & BACON L.L.P. 

s/ Jennifer A. McLoone

Jennifer A. McLoone 

Florida Bar No. 029234 

jmcloone@shb.com 

201 S. Biscayne Blvd., Suite 3200 

Miami, Florida 33131 

Tel: (305) 358-5171 

Fax: (305) 358-7470 

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-ands/ Charles C. Eblen

Charles C. Eblen (admitted pro hac vice) 

ceblen@shb.com 

2555 Grand Blvd. 

Kansas City, Missouri 64108 

Tel: (816) 474-6550 

Fax: (816) 421-5547 

-ands/ Eric J. Hobbs

Eric J. Hobbs (admitted pro hac vice) 

ehobbs@shb.com 

Daniel E. Rohner (admitted pro hac vice) 

drohner@shb.com

1660 17th Street, Suite 450 

Denver, Colorado 80202 

Tel: (303) 285-5300 

Fax: (303) 285-5301 

Counsel for Plaintiffs/Counterclaim 

Defendants ADT LLC and The ADT Security 

Corporation

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