Middendorf Sports v. Top Rank, Inc. et al

Filing 91

ORDER granting in part and denying in part 88 Motion to Seal. The Clerk of the Court is directed to modify the docket entries for filing 89 and filing 90 to restrict access to court users and case participants. The Clerk of the Court shall regenerate the notice of electronic filing for filing 89 and filing 90 in order to ensure that notice of the filings has been provided to the parties. Ordered by Judge John M. Gerrard. (ADB)

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 defendant Top Rank's Motion to File
under Seal (filing 88). 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 defendant'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).
In addition, the certificate of service for the sealed brief (filing 89)
represents that service was provided "via the Court’s CM/ECF electronic
filing system." But when a sealed document is filed, the system does not

provide notice of electronic filing to all parties in the case. NECivR 7.5(b).
The filing party must use alternate forms of service to provide all parties
entitled to notice with copies of the sealed document. Id.
The defendant's brief and exhibits should be restricted, rather than
sealed. The Court will, therefore, grant the defendant's motion in part, and
order the Clerk of the Court to restrict access to the defendant's brief and
exhibits and provide electronic notice of the filing to the other parties.
IT IS ORDERED:
1.

The defendant's Motion to File under Seal (filing 88) is
granted in part and denied in part.

2.

The Clerk of the Court is directed to modify the docket
entries for filing 89 and filing 90 to restrict access to court
users and case participants.

3.

The Clerk of the Court shall regenerate the notice of
electronic filing for filing 89 and filing 90 in order to ensure
that notice of the filings has been provided to the parties.

Dated this 2nd day of January, 2018.
BY THE COURT:

John M. Gerrard
United States District Judge

-2-