Polyzen, Inc. v. Radiadyne, LLC

Filing 310

ORDER dismissing as moot 298 Motion to Compel. Signed by Chief Judge James C. Dever III on 11/2/2016. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:11-CV-662-D

RADIADYNE, L.L.C.,
Plaintiff,
v.
POLYZEN, INC.,
Defendant.

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ORDER

On September 27, 2016, RadiaDyne, L.L.C. ("RadiaDyne") moved to compel Polyzen, Inc.
("Polyzen") to refile under seal a filing Polyzen made on September 14, 2016, in Polyzen. Inc. v.
Dielectrics. Inc., No. 3:15-cv-13200-MGM, pending in the United States District Court for the
District of Massachusetts [D.E. 298]. The Massachusetts case involves Polyzen and RadiaDyne's
supplier, Dielectrics, and RadiaDyne seeks to ensure that the document no longer remains publicly
available on PACER. See id. On October 14, 2016, Polyzen, Inc. ("Polyzen") responded in
opposition [D.E. 305].
The document that Polyzen filed in the Massachusetts case contains testimony that
RadiaDyne's John Isham gave in this action and that RadiaDyne timely designated as confidential
under the protective order in this action [D.E. 40]. See [D.E. 298] 2-3. Moreover, the testimony
appears to be confidential and competitively sensitive business information ofRadiaDyne, and the
protective order does not appear to permit Polyzen to disclose it to the public. See id.;[D.E. 40].
Although Polyzen denies violating the protec~ive order, Polyzen has advised the court that it has
refiled the document at issue under seal in the Massachusetts case. See [D.E. 305] 4-5.

In light ofPolyzen' s re:filing the document under seal, RadiaDyne' s motion to compel [D .E.
298] is DISMISSED as moot.
SO ORDERED. This _.2- day ofNovember 2016.

Chief United States District Judge

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