UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

PAYCARGO FINANCE LP,

CASE NO.: 1:22-cv-22707-KMW

Plaintiff,

vs. 

ASPEN AMERICAN INSURANCE 

COMPANY,

Defendant,

and 

BAY MARITIMES INC.,

Nominal Defendant. 

 / 

PLAINTIFF’S UNOPPOSED MOTION FOR LEAVE TO FILE AN EXHIBIT TO ITS 

MOTION FOR A CONTINUANCE UNDER SEAL

Plaintiff PayCargo Finance LP respectfully moves the Court for entry of an Order granting 

leave for it to file an exhibit to its motion for a continuance under seal. In support, Plaintiff states: 

Trial is currently set for November 20, 2023. However, Plaintiff intends to move for a 

continuance based on recent health issues experienced by Philip Philliou. Mr. Philliou served as 

Plaintiff’s witness pursuant to Federal Rule of Civil Procedure 30(b)(6) in two depositions in this 

case and was anticipated to be Plaintiff’s corporate representative at trial for purposes of Federal 

Rule of Evidence 615. To substantiate its request for a continuance, Plaintiff intends to attach a 

note from Mr. Philliou’s doctor as an exhibit to the Motion for a Continuance. Plaintiff is moving 

to file this exhibit under seal due to its containing personal medical information. 

A motion to file documents under seal should be granted when good cause exists. Romero 

v. Drummond Co., 480 F.3d 1234, 1246 (11th Cir. 2007) (noting that documents may be sealed 

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when “[a] party’s privacy or proprietary interest in information ... overcomes the interest of the 

public in accessing the information.”). Courts have recognized that the privacy interests of medical 

information can justify the filing of documents under seal. See Pena v. Marcus, 6:15-CV-69-ORL18TBS, 2016 WL 10891560, at *2 (M.D. Fla. Nov. 4, 2016) (“After due consideration, the Court 

finds that Plaintiff's privacy interest outweighs the public's interest in learning the details of her 

health contained in her medical records.”). This is supported by the protections that Congress has 

afforded to such information in the form of the Health Insurance Portability and Accountability 

Act. Id. Additionally, “‘[d]ecisions less central to merits resolutions implicate lesser right-toaccess considerations....’” Romero, 480 F.3d at 1246, quoting Charles Alan Wright, Arthur R. 

Miller & Richard L. Marcus, Federal Practice and Procedure § 2035 (2d ed.1994).

Filing under seal is warranted to protect Mr. Philliou’s personal medical information. 

Although he is employed by Plaintiff, he is not a party to the case in an individual capacity and

has not placed his health at issue in the Complaint. This information is being proffered for a 

procedural motion, rather in connection with the merits of the case itself.

Pursuant to Local Rule 5.4(b), the proposed duration of any sealing would be the duration 

of any appeal in the case, unless otherwise ordered by the Court. After such time, the sealed 

materials may either be destroyed or returned to the producing party.

Prior to filing this Motion, counsel for Plaintiff conferred with counsel for Defendant 

Aspen American Insurance Company regarding the relief sought herein. Counsel for Aspen 

indicated that Aspen does not object to the document at issue being filed under seal.

WHEREFORE, PayCargo Finance LP respectfully requests this Court enter an Order 

granting leave to file an exhibit to its Motion for Continuance under seal.

Case 1:22-cv-22707-KMW Document 69 Entered on FLSD Docket 10/26/2023 Page 2 of 3
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 Respectfully submitted,

XANDER LAW GROUP, P.A.

One N.E. 2nd Avenue, Suite 200 

Miami, Florida 33132 

Tel: (305) 767-2001 

Fax: (855) 926-3370 

wayne@xanderlaw.com

marcus@xanderlaw.com

jose@xanderlaw.com 

service@xanderlaw.com

By: /s/Wayne R. Atkins 

WAYNE R. ATKINS

 Fla. Bar No. 84000 

MARCUS TAN

 Fla. Bar No. 38616 

JOSE J. TEURBE-TOLON

 Fla. Bar No. 87791 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, on October 26, 2023, a copy of this Motion for Leave to File 

an Exhibit to its Motion for Continuance Under Seal was served upon: 

David E. Gurley 

Michael A. Fant

Christopher C. Fiore 

Gurley & Associates

601 South Osprey Avenue 

Sarasota, Florida 34236 

eservice@gurleyassociates.com

 /s/Wayne R. Atkins 

 WAYNE R. ATKINS

 

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