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McConnell v. Watauga County
United States District Court, W.D. North Carolina, Statesville Division
February 4, 2019
JAMES EDWARD MCCONNELL and wife, KIM MCCONNELL, Plaintiffs,
WATAUGA COUNTY, NORTH CAROLINA, et al,, Defendants.
C. KEESLER, UNITED STATES MAGISTRATE JUDGE.
MATTER IS BEFORE THE COURT on “Plaintiffs'
Motion To Seal Or Otherwise Restrict Public Access”
(Document No. 45) filed January 21, 2019. This motion has
been referred to the undersigned Magistrate Judge pursuant to
28 U.S.C. § 636(b), and immediate review is appropriate.
Having carefully considered the motion and the record, the
undersigned will grant the motion.
who seeks to seal any pleading must comply with the Local
Rules of this Court. Local Civil Rule(“LCvR”) 6.1
provides in relevant part as follows:
6. 1SEALED 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
LCvR 7.1. Such motion must be filed electronically under the
designation “Motion to Seal.” The motion must set
(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
(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
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 along with the
motion to seal.
(e) Public Notice
motion to seal or otherwise restrict public access shall be
determined without reasonable public notice. Notice is deemed
reasonable where a motion is filed in accordance with LCvR
6.1(c). Other parties, intervenors, and non-parties may file
objections and briefs opposing or supporting the motion
within the time provided by LCvR 7.1 and may move to
intervene under Fed.R.Civ.P. 24. Where ...
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