Preview
FILED
DALLAS COUNTY
8/12/2019 9:48 AM
FELICIA PITRE
DISTRICT CLERK
Veronica Vaughn
CAUSE N0. NO. DC-18-05560
DC-18-05560
MARY KAY, INC., INC., §§ IN THE DISTRICT COURT
§
Plaintiff,
Plaintiff, §
g
§
v.
v. §
g ll6~’
116‘“ JUDICIAL DISTRICT
§
xxxxx xxxxx xxxxxxx, §g
§
Defendant!
Defendant/ §g
Counter-Plaintiff.
Counter—Plaintiff. §§ DALLAS COUNTY, TEXAS
DEFENDANT’S AGREED RULE 76A MOTION TO SEAL COURT RECORDS
TO THE HONORABLE JUDGE OF SAID COURT:
0F
COMES NOW, xxxxx
xxxxx xxxxx
xxxxx xxxxxxx
xxxxxxx (“Defendant”
(“Defendant” or
or “xxxxxxx”),
“xxxxxxx”), in
in the
the above-
above-
styled and
styled and numbered
numbered cause,
cause, and
and flies
files this
this Agreed
Agreed Rule
Rule 76A Motion
Motion to
to Seal
Seal Court
Court Records,
Records,
and in
and support hereof
in support hereof would
would respectfully show
respectfully show as
as follows:
follows:
I.
I.
PROCEDURAL AND FACTUAL BACKGROUND
1.
1. Mary
Mary Kay,
Kay, Inc.
Inc. (“Plainitff’)
(“Plainitff’) filed
filed a
a Motion
Motion for
for Summary Judgment
Judgment on June
on June
28,
28, 2019.
2019. In
In accordance
accordance with
with the
the parties’
parties’ Rule
Rule 11
11 Agreement,
Agreement, Defendant’s
Defendant’s response
response was
was
extended
extended to
to 5:00
5:00 pm on
on Saturday,
Saturday, August
August 10,
10, 2019.
2019. On or
or about
about 4:18
4:18 pm on
on Saturday,
Saturday,
August
August 10,
10, 2019,
2019, Defendant
Defendant filed
filed her
her Response
Response to
to Plaintiffs
Plaintiff’s Motion
Motion for
for Summary
Judgment
Judgment (the “Response”).
(the “Response”).
2.
2. During
During the
the course
course of
of the
the underlying
underlying litigation,
litigation, the
the parties
parties agreed
agreed and
and the
the
Court
Court subsequently
subsequently entered
entered an
an Agreed
Agreed Protective
Protective Order.
Order. In
In accordance
accordance with
With the
the Agreed
Agreed
Protective
Protective Order,
Order, Plaintiff
Plaintiff designated
designated portions
portions of
of the
the Deposition
Deposition Transcript
Transcript from
from Laura
Laura
Beitler
Beitler as
as the
the Corporate
Corporate Representative
Representative of
of Mary
Mary Kay,
Kay, Inc.
Inc. (the
(the “Beitler
“Beitler Depo”)
Depo”) as
as
DEFENDANT’S AGREED RULE 76A MOTION T0 TO SEAL COURT RECORDS PAGE 11
“Attoreny’s
“Attoreny’s Eyes
Eyes Only”
Only” because
because they
they contained
contained sensitive
sensitive material.
material. The
The undersigned
undersigned
inadvertently
inadvertently attached
attached the
the entire
entire Beitler
Beitler Depo
Depo to to the
the Response.
Response.
3.
3. Plaintiff
Plaintiff immediately
immediately notified
notified Defendant
Defendant of
0f the
the mistake
mistake and
and requested
requested
Defendant
Defendant to
to remedy
remedy the
the inadvertent
inadvertent disclosure
disclosure of
0f Plaintiffs
Plaintiff’s confidential
confidential information.
information.
Accordingly,
Accordingly, Defendant seeks to
Defendant seeks t0 have
have the
the Response
Response sealed.
sealed.
II.
II.
BASIS FOR RELIEF
4.
4. The
The Beitler
Beitler Depo
Depo contains
contains privileged,
privileged, protected,
protected, and
and confidential
confidential
information,
information, which
which Defendant
Defendant has
has not
not challenged.
challenged. Plaintiff
Plaintiff has
has aa strong
strong interest
interest in
in
maintaining
maintaining thethe confidentiality
confidentiality of 0f the
the information
information contained
contained inin the
the Beitler
Beitler Depo
Depo and
and have
have atat
all
all times
times acted
acted in
in accordance
accordance with
with the
the Court
Court Agreed
Agreed Protective
Protective Order.
OrderA Moreover,
Moreover, the
the
information
information sought
sought to
t0 be
be protected
protected by
by this
this sealing
sealing order
order has
has already
already been
been afforded
afforded
protection
protection by
by the
the Court’s
Court’s Agreed
Agreed Protective
Protective Order.
Order. It
It is
is in
in the
the interest
interest of justice
ofjustice to
t0 seal
seal the
the
Response.
Response. There
There are
are no
n0 countervailing
countervailing adverse
adverse effects
effects on
on the
the general
general public
public health
health or
or
safety,
safety, the
the administration
administration of
0f public
public office,
office, or
0r the
the operation
operation of
0f government
govemment that
that would
would be
be
affected
affected by
by the
the relief
relief requested.
requested. Accordingly,
Accordingly, the
the competing
competing interests
interests strongly
strongly weigh
weigh in
in
favor
favor of
0f sealing
sealing the
the Response.
Response.
5.
5. Therefore,
Therefore, as
as required
required under
under Texas
Texas Rule
Rule of
0f Civil
Civil Procedure
Procedure 76a,
76a, this
this motion
motion
is
is made
made on
on the
the grounds
grounds that
that aaspecific,
specific, serious,
serious, and
and substantial
substantial interest
interest clearly
clearly outweighs
outweighs
any
any presumption
presumption of
of openness
openness and
and any
any probable
probable adverse
adverse effect
effect sealing
sealing will
will have
have on
on the
the
general public
general public health
health and
and safety.
safety.
6.
6. For
For all
all of
of the
the foregoing
foregoing reasons,
reasons, good
good cause
cause exists
exists for
for granting
granting this
this Motion
Motion
to
t0 Seal
Seal Court Records.
Court Records.
DEFENDANT’S AGREED RULE 76A MOTION TO SEAL COURT RECORDS PAGE 22
7.
7. No less
less restrictive
restrictive means than
than sealing
sealing the
the Response
Response will
Will adequately
adequately and
and
effectively
effectively protect
protect the
the specific
specific interest
interest of
0f the parties
the parties as
as set
set forth
f011h above.
above.
8.
8. There
There is
is aa need
need for
for immediate
immediate protection
protection from
from the
the disclosure
disclosure of
of the
the
Response
Response pending
pending the
the posting
posting of
0f notice
notice and
and aahearing
hearing on
0n the
the motion
motion to
t0 seal
seal as
as any
any such
such
disclosure
disclosure would
would cause
cause immediate
immediate and
and irreparable
ilTeparable injury
injury as
as detailed
detailed above.
above. Therefore,
Therefore, aa
temporary order to
temporary order t0 seal
seal is
is warranted.
walranted.
9.
9. Accordingly,
Accordingly, Defendant
Defendant requests
requests that
that the
the Court
Court enter
enter an
an order
order sealing
sealing the
the
Response
Response in
in accordance
accordance with
with the
the Court’s
Court’s Agreed
Agreed Protective
Protective Order.
Order.
WHEREFORE PREMISES CONSIDERED, Jaime
Jaime xxxxx
xxxxx xxxxxxx
xxxxxxx respectfully
respectfully
request that the
request that the Court
Court grant
grant this
this Rule
Rule 76A Motion
Motion to t0 Seal
Seal Court Records;
Court Records; and
and for
for such other
such other
and further
and fin‘ther relief,
relief, both
both at
at law
law or
or in
in equity,
equity, to
t0 which Defendant maybe
which Defendant may be justly
justly entitled.
entitled.
DEFENDANT’S AGREED RULE 76A MOTION TO SEAL COURT RECORDS PAGE 33
Respectfully
Respectfully submitted,
submitted,
WILSON MCCOY, P.A.
P.A.
Is/ Gary
/s/ Gary D.
D. Wilson
Wilson
Gary
Gary D. D. Wilson*
Wilson*
Florida
Florida Bar
Bar No.
N0. 0846406
0846406
gwi1son@wilsonmccoylaw.com
gwi]son@wilsonmccoy1aw.com
Point
Point 100
100 Building
Building
100
100 E.
E. Sybelia
Sybelia Avenue,
Avenue, Suite
Suite 205
205
Maitland,
Maitland, Florida 32751
Florida 32751
(407)
(407) 803-5400
803-5400 (Telephone)
(Telephone)
(407)
(407) 803-4617
803-4617 (Telecopier)
Preview
FILED DALLAS COUNTY 8/12/2019 9:48 AM FELICIA PITRE DISTRICT CLERK Veronica Vaughn CAUSE N0. NO. DC-18-05560 DC-18-05560 MARY KAY, INC., INC., §§ IN THE DISTRICT COURT § Plaintiff, Plaintiff, § g § v. v. § g ll6~’ 116‘“ JUDICIAL DISTRICT § xxxxx xxxxx xxxxxxx, §g § Defendant! Defendant/ §g Counter-Plaintiff. Counter—Plaintiff. §§ DALLAS COUNTY, TEXAS DEFENDANT’S AGREED RULE 76A MOTION TO SEAL COURT RECORDS TO THE HONORABLE JUDGE OF SAID COURT: 0F COMES NOW, xxxxx xxxxx xxxxx xxxxx xxxxxxx xxxxxxx (“Defendant” (“Defendant” or or “xxxxxxx”), “xxxxxxx”), in in the the above- above- styled and styled and numbered numbered cause, cause, and and flies files this this Agreed Agreed Rule Rule 76A Motion Motion to to Seal Seal Court Court Records, Records, and in and support hereof in support hereof would would respectfully show respectfully show as as follows: follows: I. I. PROCEDURAL AND FACTUAL BACKGROUND 1. 1. Mary Mary Kay, Kay, Inc. Inc. (“Plainitff’) (“Plainitff’) filed filed a a Motion Motion for for Summary Judgment Judgment on June on June 28, 28, 2019. 2019. In In accordance accordance with with the the parties’ parties’ Rule Rule 11 11 Agreement, Agreement, Defendant’s Defendant’s response response was was extended extended to to 5:00 5:00 pm on on Saturday, Saturday, August August 10, 10, 2019. 2019. On or or about about 4:18 4:18 pm on on Saturday, Saturday, August August 10, 10, 2019, 2019, Defendant Defendant filed filed her her Response Response to to Plaintiffs Plaintiff’s Motion Motion for for Summary Judgment Judgment (the “Response”). (the “Response”). 2. 2. During During the the course course of of the the underlying underlying litigation, litigation, the the parties parties agreed agreed and and the the Court Court subsequently subsequently entered entered an an Agreed Agreed Protective Protective Order. Order. In In accordance accordance with With the the Agreed Agreed Protective Protective Order, Order, Plaintiff Plaintiff designated designated portions portions of of the the Deposition Deposition Transcript Transcript from from Laura Laura Beitler Beitler as as the the Corporate Corporate Representative Representative of of Mary Mary Kay, Kay, Inc. Inc. (the (the “Beitler “Beitler Depo”) Depo”) as as DEFENDANT’S AGREED RULE 76A MOTION T0 TO SEAL COURT RECORDS PAGE 11 “Attoreny’s “Attoreny’s Eyes Eyes Only” Only” because because they they contained contained sensitive sensitive material. material. The The undersigned undersigned inadvertently inadvertently attached attached the the entire entire Beitler Beitler Depo Depo to to the the Response. Response. 3. 3. Plaintiff Plaintiff immediately immediately notified notified Defendant Defendant of 0f the the mistake mistake and and requested requested Defendant Defendant to to remedy remedy the the inadvertent inadvertent disclosure disclosure of 0f Plaintiffs Plaintiff’s confidential confidential information. information. Accordingly, Accordingly, Defendant seeks to Defendant seeks t0 have have the the Response Response sealed. sealed. II. II. BASIS FOR RELIEF 4. 4. The The Beitler Beitler Depo Depo contains contains privileged, privileged, protected, protected, and and confidential confidential information, information, which which Defendant Defendant has has not not challenged. challenged. Plaintiff Plaintiff has has aa strong strong interest interest in in maintaining maintaining thethe confidentiality confidentiality of 0f the the information information contained contained inin the the Beitler Beitler Depo Depo and and have have atat all all times times acted acted in in accordance accordance with with the the Court Court Agreed Agreed Protective Protective Order. OrderA Moreover, Moreover, the the information information sought sought to t0 be be protected protected by by this this sealing sealing order order has has already already been been afforded afforded protection protection by by the the Court’s Court’s Agreed Agreed Protective Protective Order. Order. It It is is in in the the interest interest of justice ofjustice to t0 seal seal the the Response. Response. There There are are no n0 countervailing countervailing adverse adverse effects effects on on the the general general public public health health or or safety, safety, the the administration administration of 0f public public office, office, or 0r the the operation operation of 0f government govemment that that would would be be affected affected by by the the relief relief requested. requested. Accordingly, Accordingly, the the competing competing interests interests strongly strongly weigh weigh in in favor favor of 0f sealing sealing the the Response. Response. 5. 5. Therefore, Therefore, as as required required under under Texas Texas Rule Rule of 0f Civil Civil Procedure Procedure 76a, 76a, this this motion motion is is made made on on the the grounds grounds that that aaspecific, specific, serious, serious, and and substantial substantial interest interest clearly clearly outweighs outweighs any any presumption presumption of of openness openness and and any any probable probable adverse adverse effect effect sealing sealing will will have have on on the the general public general public health health and and safety. safety. 6. 6. For For all all of of the the foregoing foregoing reasons, reasons, good good cause cause exists exists for for granting granting this this Motion Motion to t0 Seal Seal Court Records. Court Records. DEFENDANT’S AGREED RULE 76A MOTION TO SEAL COURT RECORDS PAGE 22 7. 7. No less less restrictive restrictive means than than sealing sealing the the Response Response will Will adequately adequately and and effectively effectively protect protect the the specific specific interest interest of 0f the parties the parties as as set set forth f011h above. above. 8. 8. There There is is aa need need for for immediate immediate protection protection from from the the disclosure disclosure of of the the Response Response pending pending the the posting posting of 0f notice notice and and aahearing hearing on 0n the the motion motion to t0 seal seal as as any any such such disclosure disclosure would would cause cause immediate immediate and and irreparable ilTeparable injury injury as as detailed detailed above. above. Therefore, Therefore, aa temporary order to temporary order t0 seal seal is is warranted. walranted. 9. 9. Accordingly, Accordingly, Defendant Defendant requests requests that that the the Court Court enter enter an an order order sealing sealing the the Response Response in in accordance accordance with with the the Court’s Court’s Agreed Agreed Protective Protective Order. Order. WHEREFORE PREMISES CONSIDERED, Jaime Jaime xxxxx xxxxx xxxxxxx xxxxxxx respectfully respectfully request that the request that the Court Court grant grant this this Rule Rule 76A Motion Motion to t0 Seal Seal Court Records; Court Records; and and for for such other such other and further and fin‘ther relief, relief, both both at at law law or or in in equity, equity, to t0 which Defendant maybe which Defendant may be justly justly entitled. entitled. DEFENDANT’S AGREED RULE 76A MOTION TO SEAL COURT RECORDS PAGE 33 Respectfully Respectfully submitted, submitted, WILSON MCCOY, P.A. P.A. Is/ Gary /s/ Gary D. D. Wilson Wilson Gary Gary D. D. Wilson* Wilson* Florida Florida Bar Bar No. N0. 0846406 0846406 gwi1son@wilsonmccoylaw.com gwi]son@wilsonmccoy1aw.com Point Point 100 100 Building Building 100 100 E. E. Sybelia Sybelia Avenue, Avenue, Suite Suite 205 205 Maitland, Maitland, Florida 32751 Florida 32751 (407) (407) 803-5400 803-5400 (Telephone) (Telephone) (407) (407) 803-4617 803-4617 (Telecopier)