Krausz Industries Ltd. v. Smith-Blair, Inc., et al

Filing 208

ORDER granting 174 Motion to Seal; granting 182 Motion to Seal Document; granting 186 Motion for Leave to File Reply; granting 188 Motion for Leave to File Excess Pages; granting 193 Motion to Seal; granting [19 9] Motion to Seal; and denying 203 Motion to Strike -The court will be filing an order resolving the Motion to Compel concurrently with this Order. The court's analysis regarding the resolution of the Motion to Compel relies in part on docum ents filed under seal. As a result, that order will be filed under seal. Within 14 days of the entry of the order, the parties shall review the order and submit a proposed redacted copy of the order to the undersigned's case manager via e-mail. Upon the court's inspection and approval, a redacted copy of sealed order will be made a part of the public record. Failure to submit a proposed redacted order will result in the order being made public in its entirety. Signed by Magistrate Judge Robert T. Numbers, II on 12/13/2016. (Baker, C.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:12-CV-00570-FL
Krausz Industries Ltd. f/k/a Krausz
Metal Industries Ltd.,
Plaintiff,
v.

Order

Smith-Blair, Inc., Sensus USA, Inc., &
Sensus Manufacturing Shanghai
Limited,
Defendants.

Smith-Blair, Inc. and Sensus USA, Inc. have filed four motions to seal. See D.E. 174,
182, 193, & 199. The Court has reviewed the motions to seal under the governing standard. See,
e.g., Doe v. Pub. Citizen, 749 F.3d 246, 272–73 (4th Cir. 2014). The public has had a notice of
the sealing request and a reasonable opportunity to respond. See id. at 272. No member of the
public has responded. The court has considered less drastic alternatives to sealing, but does not
find that any less drastic alternatives exist. Id. Moreover, the court finds that Smith-Blair and
Sensus USA have demonstrated that the material at issue in the motions to seal includes
confidential and competitively sensitive commercial information concerning their business.
Accordingly, the Court GRANTS the motions to seal. D.E. 174, 182, 193, & 199.
Smith-Blair, Inc. and Sensus USA, Inc. have also filed a motion to strike. See D.E. 203.
In light of the arguments made at the Motion Hearing and the complicated nature of this case, the
Court DENIES this motion to strike. D.E. 203.

Next, Krausz Industries Ltd. has filed two motions: a motion for leave to file a reply and
a motion for leave to file excess pages. D.E. 186 & 188. Having reviewed them, the Court
GRANTS both of these motions. D.E. 186 & 188.
The court will be filing an order resolving the Motion to Compel concurrently with this
Order. The court’s analysis regarding the resolution of the Motion to Compel relies in part on
documents filed under seal. As a result, that order will be filed under seal. Within 14 days of the
entry of the order, the parties shall review the order and submit a proposed redacted copy of the
order to the undersigned’s case manager via e-mail. Upon the court's inspection and approval, a
redacted copy of sealed order will be made a part of the public record. Failure to submit a
proposed redacted order will result in the order being made public in its entirety.
Dated: December 13, 2016
Dated:
ROBERT T. NUMBERS, II
______________________________________
UNITEDT.TATES MAGISTRATE JUDGE
Robert S Numbers, II
United States Magistrate Judge

2