Fountain, Jr. d/b/a Eastbrook Apartments v. Zurich American Insurance Company, a New York corporation et al

Filing 101

ORDER granting 84 Motion to Seal Document - This matter is before the court on Defendants' motion to seal a confidential document submitted as an exhibit to its response to Plaintiff's motion to compel. As the basis for Defendant's motion is that the document was inadvertently filed, the more appropriate action would be to have the document removed from the record. Accordingly, the court construes Defendants' motion [DE #84] as a motion to remove the inadvertently filed do cument and GRANTS that motion. Defendants shall havethirty (30) days to file a corrected response to Plaintiff's motion to compel, together with any exhibits to be included in the record. Upon Defendants' filing of the corrected response, the clerk is DIRECTED to remove the image located at DE #46 and make an entry stating that the document has been refiled with a reference to the appropriate docket entry. Signed by Magistrate Judge Kimberly A. Swank on 11/7/2014. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
NO. 4:13-CV-120-D(2)
REGINALD M. FOUNTAIN, JR.,
d/b/a Eastbrook Apartments, LLC,
v.

Plaintiff,

FARMERS INSURANCE EXCHANGE
and MARYLAND CASUALTY
COMPANY, a Maryland corporation,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

ORDER

This matter is before the court on Defendants’ motion to seal a confidential
document submitted as an exhibit to its response to Plaintiff’s motion to compel. As
the basis for Defendant’s motion is that the document was inadvertently filed, the
more appropriate action would be to have the document removed from the record.
Accordingly, the court construes Defendants’ motion [DE #84] as a motion to remove
the inadvertently filed document and GRANTS that motion. Defendants shall have
thirty (30) days to file a corrected response to Plaintiff’s motion to compel, together
with any exhibits to be included in the record.

Upon Defendants’ filing of the

corrected response, the clerk is DIRECTED to remove the image located at DE #46
and make an entry stating that the document has been refiled with a reference to
the appropriate docket entry.

This 7th day of November 2014.
____________________________________
KIMBERLY A. SWANK
United States Magistrate Judge

2