A U.S. Magistrate Judge's opinion in a case in the Southern District of Florida is as worthwhile quoting as it is surprising. As one of many reasons, the Magistrate Judge ordered discovery of a settlement agreement entered into between the plaintiffs and a couple of the defendants in a case involving other defendants.
The Magistrate Judge wrote:
In addition to the findings and analysis made previously in this Order, the Court additionally finds as follows. First, merely because settling parties label a settlement agreement as “confidential” and agree to confidentiality terms amongst themselves, does not mean that a federal court cannot order such settlement agreement produced in discovery if it is relevant and proportional under Rule 26(b)(1). “There is nothing magical about a settlement agreement.” Jen Weld Inc. [v. Nebula Glass Int'l, Inc.], 2007 WL 1526649 at *3 [(S.D. Fla. May 22, 2007)]. Secrecy is disfavored in our federal courts. Parties cannot insulate a document from discovery merely because they decide to label it as confidential; the federal courts are to decide such issue, not the parties.
Kadiyala, individually, and as assignee of Credit Union Mortgage Utility Banc, Inc. v. Pupke, No. 17-80732-CIV-Marra/Matthewman, 2019 WL 3752654, at *4 (S.D. Fla. August 8, 2019) (Matthewman, U.S.M.J.) (emphasis added).
It sounds like the presumption of public access may be alive and well in this case.
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