SAS Institute Inc. v. World Programming Limited
Filing
262
ORDER granting #254 Motion to Seal #246 PROPOSED SEALED Declaration and #243 PROPOSED SEALED Response - Signed by District Judge Louise Wood Flanagan on 5/21/2014. (Baker, C.)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:10-CV-25-FL
SAS INSTITUTE INC.,
)
)
Plaintiff,
)
)
v.
)
)
WORLD PROGRAMMING LIMITED
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)
Defendant.
)
__________________________________________)
ORDER
This matter is before the Court on Plaintiff’s Motion for Leave to File Under Seal (i)
Plaintiff’s Memorandum in Opposition to Defendant’s Motion for Summary Judgment [Dkt.
243], and (ii) the Declaration of Pressly M. Millen, sworn to May 19, 2014, with attached
exhibits, filed in support of Plaintiff’s Memorandum of Law in Opposition to Defendant’s
Motion for Summary Judgment [Dkt. 246]. The public has been given advance notice of the
parties’ request to seal these materials, and the Motion was docketed well in advance of this
Court’s decision on the Motion. See In re Knight Publishing Co., 743 F.2d 231 (4th Cir. 1984).
No objection has been lodged on the docket to maintaining these documents under seal.
Accordingly, the issues raised in this Motion are now ripe for disposition. For good cause
shown, the Motion is ALLOWED.
Because the documents relate to a dispositive motion, they are subject to a First
Amendment right of access by the public. See Rushford v. New Yorker Magazine, Inc., 846 F.2d
249, 253 (4th Cir. 1988). This constitutional right of access may only be overcome by a
compelling interest, and any denial of access to the documents must be narrowly tailored to serve
that interest. Id.
The materials sought to be sealed include confidential and competitively sensitive
business information. The Court finds the justification behind sealing this information to be
compelling, particularly in light of no opposition from the public. The Court also believes that
maintaining these materials under seal is narrowly tailored to that interest.
21st
May
SO ORDERED, this ____ day of _____________, 2014.
______________________________
LOUISE W. FLANAGAN
United States District Court Judge
WCSR 32360086v1
-2-
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