Lewis et al v. Loftin et al

Filing 5

ORDER denying 3 Motion to Seal Case. Signed by Magistrate Judge Roy Percy on 9/25/17. (bnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
JERRY LEE LEWIS, JUDITH LEWIS
AND JERRY LEE LEWIS, III

v.

PLAINTIFFS

CIVIL ACTION NO. 3:17CV180-NBB-RP

HOWARD EZEKIEL LOFTIN, et al.

DEFENDANTS

ORDER DENYING MOTION FOR PROTECTIVE ORDER AND
SEALING CLERK’S RECORD AND FOR EXPEDITED CONSIDERATION
Defendants Howard Ezekiel Loftin and Phoebe Lewis Loftin seek an order directing “the
Clerk of Court to withdraw the file in the Clerk’s office from public view and to place notice
upon the exterior of the file folders that the record in this action is under the seal of privacy.”
Docket 3. In support of their motion, defendants cite Federal Rule of Civil Procedure 26(d)
purporting to address “a protective order sealing certain parts of the record if ‘good cause’ is
shown.” However, FED. R. CIV. P. 26(d) concerns the timing and sequence of discovery.
“Sealing of Court Records” is addressed in Local Uniform Civil Rule 79, which details the
procedure for sealing any document from access by the public. Defendants’ motion does not
comport with Local Rule 79, nor does it provide any factual statement or citation to authority
sufficient to necessitate sealing. Therefore, defendants’ Motion for Protective Order and Sealing
Clerk’s Record and for Expedited Consideration is DENIED without prejudice to defendants’
right to request the sealing or filing under seal of the subject court records in accordance with
Local Rule 79.
This, the 25th day of September, 2017.
/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE