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Myers v. Bradford Preparatory School
United States District Court, W.D. North Carolina, Charlotte Division
March 7, 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.
MATTER IS BEFORE THE COURT on the “Consent
Motion To Seal Amended Consent Motion For Order Approving Of
Minors' Settlement” (Document No. 41) filed March
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, 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:
LCvR. 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
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
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 press, fair notice of the nature of the
materials sought to be sealed. The description contained in
the motion is adequate.
Court next considers Local Rule 6.1(c)(2), which requires
“[a] statement as to why sealing is necessary and why
there are no alternatives to filing under seal.” Local
Rule 6.1(c)(2). Such statement has been provided and is
adequate as it appears that the information that the ...