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Myers v. Bradford Preparatory School

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

June 4, 2019

ROMUS MYERS, as Guardian of J.M.M. and NIKKI RUSH, as Guardian of N.R.J., Plaintiffs,
v.
BRADFORD PREPARATORY SCHOOL and KELLY PAINTER, Individually, Defendants.

          ORDER

          David C. Keesler, United States Magistrate Judge.

         THIS MATTER IS BEFORE THE COURT on the “Motion To Seal Plaintiff Nikki Rush's Motion To Disburse Settlement Funds for N.R.J.” (Document No. 46) filed June 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 Defendants' counsel, the undersigned will grant the motion.

         A party 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 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.

Local Rule 6.1.

         As 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 ...


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