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Lowery v. United States

United States District Court, W.D. North Carolina, Charlotte Division

May 30, 2018

MARSHALL O. LOWERY, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          ORDER

          David C. Keesler United States Magistrate Judge

         THIS MATTER IS BEFORE THE COURT on Plaintiff's “Motion To Seal” (Document No. 35) filed on February 12, 2018. The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and this motion is ripe for disposition. Having carefully considered the motion, the record, and applicable authority, the undersigned will grant the motion.

         STANDARD OF REVIEW

         A party who seeks to seal any pleading must comply with Local Civil Rule 6.1. The Local Civil Rule (“L.Cv.R.”) provides in relevant part as follows:

         L. C v. R 6.1 SEALED FILINGS AND PUBLIC ACCESS.

(a) Scope of Rule. To further openness in civil case proceedings, there is a presumption under applicable common law and the First Amendment that materials filed in this Court will be filed unsealed. This Rule governs any party's request to seal, or otherwise restrict public access to, any materials filed with the Court or used in connection with judicial decision- making. As used in this Rule, “materials” includes pleadings and documents of any nature and in any medium or format.
(b) Filing under Seal. No materials may be filed under seal except by Court order, pursuant to a statute, or in accordance with a previously entered Rule 26(e) protective order.
(c) Motion to Seal or Otherwise Restrict Public Access. A party's request to file materials under seal must be made by formal motion, separate from the motion or other pleading sought to be sealed, pursuant to L.Cv.R 7.1. Such motion must be filed electronically under the designation “Motion to Seal.” The motion must set forth:
(1) A non-confidential description of the material sought to be sealed;
(2) A statement indicating why sealing is necessary and why there are no alternatives to filing under seal;
(3) Unless permanent sealing is sought, a statement indicating how long the party seeks to have the material maintained under seal and how the matter is to be handled upon unsealing; and
(4) Supporting statutes, case law, or other authority.
To the extent the party must disclose any confidential information in order to support the motion to seal, the party may provide that information in a separate memorandum filed under seal.
(d) Filing of an Unredacted Copy Allowed . The party seeking to file material under seal may submit an unredacted version of the material under seal for review by the Court ...

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