United States District Court, W.D. North Carolina, Charlotte Division
MARLENE B. SCOTT, Plaintiff,
IREDELL-STATESVILLE BOARD OF EDUCATION, Defendant.
C. KEESLER UNITED STATES MAGISTRATE JUDGE
MATTER IS BEFORE THE COURT on Defendant's
“Motion For Leave To File Under Seal” (Document
No. 40) filed September 3, 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 Plaintiff's counsel, 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
Local Rule 6.1. It appears that the requirements of Local
Rule 6.1(c)(1) through (4) have been met.
considered the factors provided in Local Rule 6.1(c), the
Court will grant the motion to seal. The undersigned finds
that the parties agree that the information Defendant seeks
to file under seal is properly designated as
“Confidential” by the “Consent Protective
Order” (Document No. 30) and includes information that
should be kept confidential pursuant to the North Carolina
that the time for public response has not run on this motion,
the Court will consider any objection to this Order from
non-parties as an objection to the motion, requiring no
additional burden for any non-party ...