McDonald v. Halifax County et al

Filing 59

ORDER granting 57 Motion to Seal. Signed by District Judge James C. Dever III on 8/28/2024. (Mann, Stephanie)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:23-CV-84-D-RN
WAYNE MCDONALD, as Administrator of )
)
the Estate of Ronald Anthony McDonald,
)
Plaintiff,
)
V.

)

)
HALIFAX COUNTY, M'BECHI TYREE
)
DAVIS, in his official capacity as Sheriff of )
Halifax County, WESTERN SURETY
)
)
COMPANY, DAVID A. FOLTZ, in his
individual capacity, SYLVESTER HARDY, in)
)
his individual capacity, COREY R.
JOHNSON, in his individual capacity,
)
GRAVINO LASHUON TAYLOR, in his
)
individual capacity, SOUTHERN HEALTH )
PARTNERS, INC. JILL F. COSTON, LPN, in)
her individual capacity, KAYLA A.
)
SHEARIN, LPN, in her individual capacity, )
AND BOBBIE LOWE, LPN, in her individual)
capacity,
)
Defendants.
)

ORDER

This matter is before the Court upon the Joint Motion to Seal [D.E. 57]. After reviewing
the Motion, the sealed documents, and the supporting Brief [D.E. 58], the Court makes the
following findings:
1.

The parties have moved to seal the Release of All Claims and Confidentiality

Agreement [D.E. 55], Plaintiffs Proposed Disbursements [D.E. 54], and the Notices of Consent
to Settlement [D.E. 56] that were previously filed in connection with the Plaintiffs Motion to
Approve the Wrongful Death Settlement.

2.

The parties are seeking to maintain the confidentiality of the amount and terms of

the Settlement and to protect from disclosure the identities of non-party Estate beneficiaries.
3.

Public notice of the Joint Motion to Seal has been provided and no one has filed

any objections to the Motion.
4.

The parties have shown a compelling governmental interest for denying the First

Amendment right of access to the documents. The denial of the right of access is narrowly tailored
to the cqmpelling governmental interest at stake.
5.

In the alternative, the parties have shown a significant interest that outweighs the

common-law right of access to judicial records and documents.
6.

There are no less drastic alternatives to sealing the confidential documents as

requested by the parties.
7.

- Good cause has been shown for granting the Joint Motion to Seal.

IT IS THEREFORE ORDERED that the Joint Motion to Seal [D.E. 57] is GRANTED.
The documents described in the motion are SEALED, subject to further Order of this Court.

SO ORDERED. This the t8 day of August, 2024.

JA~SC~~E~ III
United States District Judge

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