Pratt v. Pitt County Department of Social Services et al

Filing 91

ORDER granting 74 Motion to Seal; granting 88 Motion to Seal; granting 90 Motion to Seal Document 73 PROPOSED SEALED Document, 85 PROPOSED SEALED Response, 89 PROPOSED SEALED Reply, 71 PROPOSED SEALED Memorandum in Support, 87 PROPOSED SEALED Document, 72 PROPOSED SEALED Document, and 86 PROPOSED SEALED Document. Signed by United States Magistrate Judge Robert T. Numbers, II on 6/11/2018. Copy sent to Constance Pratt, PO Box General Mail, Winston-Salem, NC 27102 via US Mail, which is the address as listed in this matter. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:16-CV-00198-BR
Constance Pratt,
Plaintiff,
v.

Order

Pitt County Department of Social
Services, et al.,
Defendants.

Defendants Allbritton, Ellis, Adams, Dixon, Dawson, and Mizzelle request that the court
place their memorandum in support of their motion for summary judgment, statement of
undisputed facts, supporting affidavits, and corresponding exhibits under seal because the
pleadings contain information deemed private pursuant to Rule 5.2 of the Federal Rules of Civil
Procedure. Defendants filed its motion to seal on February 19, 2018. The motion to seal has
been present on the public docket since that time and no member of the public has opposed the
motion. Pratt does not oppose the motion to seal.
Pratt also requests that the court place her memorandum of law in support of her
response, statement of undisputed facts, and supporting exhibits under seal because the pleadings
similarly contain information deemed private pursuant to Rule 5.2 of the Federal Rules of Civil
Procedure. Pratt filed her motion to seal on May 2, 2018. The motion to seal has been present on
the public docket since that time and no member of the public has opposed the motion.
Defendants do not oppose the motion to seal.
Finally, for the same reasons, Defendants request that the court place their reply under
seal because the it too, contains, private information. Defendants filed this motion to seal on May
14, 2018. The motion to seal has been present on the public docket since that time and no
member of the public has opposed the motion. Plaintiff does not oppose the motion to seal.
After considering the motions to seal and all related filings, the court is of the opinion
that the motion to seal should be granted because all of the factors set out in In re Knight
Publishing Co., 743 F.2d 231 (4th Cir. 1984) are satisfied. The parties have demonstrated that
the documents subject to the motions to seal contain private information including dates of birth,
medical information, and information regarding minor children. Based upon this showing, the
court finds that both the First Amendment and common law presumption of access has been
overcome. Additionally, although the public has had notice of the requests to seal and a
reasonable opportunity to oppose the motions, no objections have been filed. Finally, the court
has considered less dramatic alternatives to sealing and finds that they would be inadequate

because the private information contained in these documents is appropriately excluded from
public access.
Therefore, the motions to seal (D.E. 74, 88, 90) shall be granted. The court orders that
the Clerk of Court shall permanently sealed the documents at issue.
Dated: June 11, 2018.
June 11, 2018
______________________________________
ROBERT T. NUMBERS, II
Robert T. TATES MAGISTRATE JUDGE
UNITED S Numbers, II
United States Magistrate Judge

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