Middendorf Sports v. Top Rank, Inc. et al

Filing 110

ORDER - IT IS ORDERED: The plaintiff's Motion to File under Seal (filing 103 ) is granted in part and denied in part. The Clerk of the Court is directed to modify the docket entries for filings 104 through 108 to restrict access to the docu ments to court users and case participants. The Clerk of the Court shall regenerate the notice of electronic filing for filings 104 through 108 in order to ensure that notice of the filings has been provided to the parties. Ordered by Judge John M. Gerrard. (TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MITTENDORF SPORTS, a Maryland
Sole Proprietorship,
8:17-CV-11
Plaintiff,
vs.

ORDER

TOP RANK, INC., a Nevada
corporation, and TERENCE
CRAWFORD, an individual,
Defendants.
This matter is before the Court on the plaintiff's Motion to File under
Seal (filing 103). That motion will be granted in part and denied in part.
If a document is to be filed on the Court's docket, it may, pursuant to
this Court's local rules, be filed either as "restricted" or "sealed." A sealed
document is available only to court users and the filing party; it is not
available to the opposing party or the public. See NEGenR 1.3(a)(1)(B)(i);
NECivR 7.5(c). A restricted document, on the other hand, is available to court
users and parties of record. See NEGenR 1.3(a)(1)(B)(ii); NECivR 5.3(c)(3).
The plaintiff's motion refers to documents containing confidential information
that should be restricted pursuant to Fed. R. Civ. P. 5.2(e) and NECivR
5.3(b). Such documents should not be sealed: rather, they should be filed
under provisional restriction, along with a motion for leave to restrict, as set
forth in NECivR 5.3(c)(1).
The plaintiff's exhibits should be restricted, rather than sealed. The
Court will, therefore, grant the plaintiff's motion in part, and order the Clerk

of the Court to restrict access to the plaintiff's exhibits and provide electronic
notice of the filing to the other parties.
IT IS ORDERED:
1.

The plaintiff's Motion to File under Seal (filing 103) is
granted in part and denied in part.

2.

The Clerk of the Court is directed to modify the docket
entries for filings 104 through 108 to restrict access to the
documents to court users and case participants.

3.

The Clerk of the Court shall regenerate the notice of
electronic filing for filings 104 through 108 in order to
ensure that notice of the filings has been provided to the
parties.

Dated this 29th day of January, 2018.
BY THE COURT:

John M. Gerrard
United States District Judge

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