UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION – IN ADMIRALTY

IN RE SKANSKA USA CIVIL 

SOUTHEAST INC. AND 

SKANSKA USA, INC., AS 

OWNERS OF THE BARGE M8030

PRAYING FOR EXONERATION 

FROM OR FOR LIMITATION OF

LIABILITY

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ADMIRALTY RULE 9(H)

CIVIL ACTION NO.

3:20-CV-05980 – RV/MJF

CLAIMANTS’ MOTION FOR LEAVE TO PROVISIONALLY FILE 

UNDER SEAL

Claimants move, by and through undersigned counsel, pursuant to Local Rule 

5.5 and Pretrial Order No. 2 in this matter, ECF N. 1176 for leave to provisionally

file under seal their Motion for Partial Summary Judgment and Dissolution of 

Injunction and all exhibits (“Claimants’ Motion), which was provided electronically 

to Senior District Judge Collier and Magistrate Judge Cannon and opposing counsel 

on Friday, July 23, 2021. Under Section VI. A. of Pretrial Order No. 2:

Where not reasonably possible, any Party wishing to file a document or 

paper containing Confidential Information, may provisionally file 

such Information under seal, provided that the Designating Party then 

moves to seal within seven (7) days of the filing, explaining the bases 

for sealing the Information in question.

ECF N. 1176 at p. 10 (emphasis added). 

Claimants’ Motion cites to and attaches confidential discovery documents 

which are subject to Pretrial Order No. 2, Stipulated Order Governing 

Case 3:20-cv-05980-LC-HTC Document 1213 Filed 07/26/21 Page 1 of 3
Confidentiality and Privilege. Accordingly, Claimants believe filing the Motion for 

Partial Summary Judgment and all supporting exhibits provisionally under seal is 

appropriate and necessary to permit Skanska the opportunity, under Pretrial Order 

No. 2, to move to seal and explain the bases for sealing the information in question. 

Section VI. A. is a provision contained in the parties agreed Proposed Protective 

Order that Judge Cannon adopted when entering Pretrial Order No. 2. 

WHEREFORE, Claimants respectfully request that the Court find good 

cause and grant their request to provisionally file their Motion for Partial Summary 

Judgment and all exhibits thereto under seal.

Dated: July 26, 2019 Respectfully Submitted, 

/s/ E. Samuel Geisler 

E. SAMUEL GEISLER, FL Bar # 83817 

BRYAN F. AYLSTOCK, FL Bar # 78263 

Aylstock, Witkin, Kreis & Overholtz, PLLC 

17 East Main Street, Second floor 

Pensacola, Florida 32502 

Office: (850) 202-1010 

Fax: (850) 916-7449 

sgeisler@awkolaw.com 

baylstock@awkolaw.com 

sallyteam@awkolaw.com 

/s/ Thomas F. Gonzalez 

THOMAS F. GONZALEZ, FL Bar #173878 

J. NIXON DANIEL, III, FL Bar # 228761 

Beggs & Lane, RLLP 

501 Commendencia Street 

Pensacola, Florida 32502 

Case 3:20-cv-05980-LC-HTC Document 1213 Filed 07/26/21 Page 2 of 3
Office: (850) 432-2451 

tfg@beggslane.com 

jnd@beggslane.com 

/s/ Brian H. Barr 

BRIAN H. BARR, FL Bar 493041 

EMMANUELLA J. PAULOS, FL Bar 99010 

Levin Papantonio Rafferty Proctor 

Buchanan O’Brien Barr & Mougey, P.A. 

316 S. Baylen Street, Suite 600 

Pensacola, FL 32502 

Office: (850) 435-7000 

bbarr@levinlaw.com 

epaulos@levinlaw.com

Attorneys for Claimants

CERTIFICATE OF SERVICE

I hereby certify, on this 26th day of July, 2021, that the foregoing Motion for 

Leave to File Under Seal and Proposed Order was filed via the Court’s CM/ECF 

system, which will automatically serve and send notification of such filing to all 

registered attorneys of record.

/s/ Sam Geisler

E. Samuel Geisler

Aylstock Witkin Kreis & Overholtz, PLLC

Case 3:20-cv-05980-LC-HTC Document 1213 Filed 07/26/21 Page 3 of 3