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Myers v. Bradford Preparatory School
United States District Court, W.D. North Carolina, Charlotte Division
February 19, 2019
ROMUS MYERS, as Guardian of J.M.M. and NIKKI RUSH, as Guardian of N.R.J., Plaintiffs,
BRADFORD PREPARATORY SCHOOL and KELLY PAINTER, Individually, Defendants.
C. Keesler United States Magistrate Judge
MATTER IS BEFORE THE COURT on the “Consent
Motion To Seal Consent Motion For Order Approving Of
Minors' Settlement” (Document No. 37) filed
February 15, 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, and noting consent of
the parties, 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 forth:
(1) A non-confidential
description of the material sought to be
(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
(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.
Local Rule 6.1.
reflected in the Rule, the Court is required to consider the
factors contained in Local Civil Rule 6.1(c). The first
factor is found in Local Civil Rule 6.1(c)(1), which requires
that the parties adequately describe the materials sought to
be sealed. The Rule requires “[a]non-confidential
description of the material sought to be sealed.” Local
Rule. 6.1(c)(1). The Rule is intended to give third-parties,
including the ...