United States District Court, W.D. North Carolina, Statesville Division
C. Keesler United States Magistrate Judge
MATTER IS BEFORE THE COURT on “Defendants'
Motion For Leave To File Their Response In Opposition To
‘Plaintiffs' Motion To Compel And For Sanctions,
Including Costs' And Supporting Exhibit Under Seal”
(Document No. 56) filed February 4, 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:
6.1 SEALED FILINGS AND PUBLIC ACCESS.
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.
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.
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.
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.
Public Notice. No 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