Aj. f ; s x ck '

UN ITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

JANE DOE individually and for all otherssim ilarly situated,

FILED b D.C.

MAq 2 3 2015

STEVEN M LAaIMORECLERK U b DIST CTs o of FLA - MIAMI

Case No. 15-cv-60581

PLAINTIFF'S M OTION TO FILE

DOCUM ENTS UNDER SEAL ANDFO R PRO TECTION

Plaintiff,

VS.

TEX AS A&M UNIVERSITY 12th M AN

FOUN DATION a/k/a THE l2TH M AN

FOUNDATION,

Defendant.

Plaintiff, Barbara Bnmner Pereira (ttMovanf') moves to File Documents Under Seal and

for Protedion, and in support thereto would show the Court as follows:

Movant has tiled an ''Original Class Action Complaint for Breach of Contract,

' E toppel and Declaratory Judgment '' against Texas A&M University 12th M anFor Promlssor.y s

Foundation. Movant tiled suit anonymously using the name Jane Doe, with a11 references to her

and to her fam ily m embers being anonym ous.

2. M ovant has attached her Aftidavit and its Exhibits to this M otion for the Court's

in camera review and which she requests be filed under seal as an Exhibit to her Oliginal Class

tllAction Com plaint against Texas A& M University 12 M an Foundation. See Exhibit 1 --

A ffidavit of Barbara Bnmner Pereira and Exhibits.

Movant's son currently attends Texas A&M University (ttTAMU''). He is a

finalist for the TAM U System Board of Regents student position. Announcement of the

appointment (by the Texas Governor) is scheduled to occur in May 2015. Movant is fearful that

her involvement as a Plaintiff in this Class Action Lawsuit will prejudice her son's ability to

Case 0:15-cv-60581-WPD Document 9 Entered on FLSD Docket 03/24/2015 Page 1 of 5

#

compete unhindered for that position. Further, M ovant avers that she is aware that others have

alleged that they were threatened by a Foundation ofticial and that such claim s, if true, are

consistent with her perception of the culture at the Foundation. See Exhibit 1, paragraph 7. See

also Original Class Action Complaint, Affidavit of Herlry H. Holubec, Jr., Exhibit 8,' Aftidavit of

Deborah Lawson, Exhibit 6 to Motion for Orders pursuant to Rule 23(d)(5) and the lnherent

Authority of the Court; and the Affidavit of Claude Scott Mcouan-ie, Exhibit 6 to the Oliginal

Class Action Complaint.

M ovant requests that her Affidavit and its Exhibits and the Court's Order

disposing of this m otion be tiled with the Clerk of Court under seal and that the Court order that

the Clerk of Court not diselose the eontents of this motion, the Court's Order and the Aftidavit

and its Exhibits to any pel-son or entity, except to the Court and its in-ehambers staff, except as

further set forth below.

M ovant further requests that a copy of the Order disposing of this M otion be

provided to counsel for the M ovant/plaintiff.

6. M ovant further requests that copies of the Order disposing of this m otion and of

the Aftidavit and its Exhibits shall be provided only to Counsel for the Texas A&M University

th M Foundation and shown only to those persons at the 12tb M an Foundation who are1 2 an

specitically and directly involved

existence and content.

in this litigation and who have a need to know of their

M ovant further requests that the Court order that a11 persons referred to in

paragraph 6, above, shall not disclose the identity of the author of the Aftidavit or the contents of

the Affidavit and its Exhibits or of this order to any person or entity, except that the contents of

the Affidavit and its Exhibits, without actual names or other, personal identifying infonnation,

Case 0:15-cv-60581-WPD Document 9 Entered on FLSD Docket 03/24/2015 Page 2 of 5

m ay be used in further m oeeedings in this

further order of the Court.

action, subjed to the below-requested orders and

M ovant further requests that the Court order that the identity of the author of the

Affidavit and its Exhibits shall be referred to as (CJANE DOE,'' and the identity of her fam ily

mem bers identitied therein as %AJOHN DOE 1,5' itJOHN DOE and EEJOHN DOE

respectively, except upon further order of the Coul't.

M ovant further requests that the Court order that Plaintiff's identity shall not be

disclosed to any persons who are not Counsel in this m atter or who are not directly involved in

the prosecution or defense of this matter, and that all such persons shall refer to the Plaintiff as

ttJANE DOE'' and her fam ily m embers as tVJOHN DOE l '' EEJOHN DOE 11 '' and ECJOHN DOE7 !$

111,'' respectively, except upon further order of the Court.

W HEREFORE, M ovant requests that the Court order the

Defendant Texas A&M University

Attorney-in-charge for

12th M an Foundation to maintain a list of a11 persons and

entities who are specifically and directly involved in the defense of this action, who have a need

to know any of the information that is the subject of this order, and who have been given access

to any such inform ation.

LO CAL RULE 7.1 CERTIFICATION

Pursuant to Local nzle 7. 1, Counsel for Plaintiff attem pted to confer with counsel for

Defendant as to whether Defendant opposed the relief sought herein, but counsel for Defendant

has refused to aceept serviee of proeess or otherwise confer regarding this matter.

Case 0:15-cv-60581-WPD Document 9 Entered on FLSD Docket 03/24/2015 Page 3 of 5

Dated: M arch 23, 2015 Respectfully Submitted,

PODHURST ORSECK, P.A

City National Bank Building25 W est F1a 1 treet, Suite 800

M iami olid 3

Phone. (305 5 .2800/ ax: ( -2382

Peter Prieto

Florida Bar No.: 501492

pprietortilpodhurst.comJohn Gravante 11I

Florida Bar No:. 617113

igravante@podhurst.com

TH E HAYES LAW FIRM , PC700 Rockm ead, Suite 210

Houston, Texas 77339-211 1

Telephone: (281)-815-4963Facsimile: (832) 575-4759DEBRA BREW ER HAYES

dhavesctzldhayeslaw.comCHARLES CLINTON HUNTER

chunterccâ,dlzayeslaw.colAaJIGNA VACHHANI

ivaclzlaalzi@dlAayeslaw.col4a

ATTORNEYS FOR PLAINTIFF

Case 0:15-cv-60581-WPD Document 9 Entered on FLSD Docket 03/24/2015 Page 4 of 5

CERTIFICATE O F SERVICE

1 hereby certify that on M arch 23, 20l 5 l filed the foregoing docum ent with the Clerk ofthe Court. l also certify that the foregoing docum ent is being served this day

, via FedEx to Texasth M Foundation a/k/a The 12th M an Foundation

, throug,h registered agentA&M University 12 an

for service of process, Randel L. Howard, Joe Routt Blvd., C1 treet, *M UniversityCampus, College Station, Texas 77843.

/Peter Prieto

5

Case 0:15-cv-60581-WPD Document 9 Entered on FLSD Docket 03/24/2015 Page 5 of 5