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

Filing 256

ORDER granting 237 Motion to Seal; granting 252 Motion to Seal Document. Signed by United States Magistrate Judge Robert T. Numbers, II on 6/29/2017. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:12-CV-570-FL
Krausz Industries Ltd.,
Plaintiff,
v.

Order

Smith-Blair, Inc., et al,
Defendant.

Smith-Blair, Inc. and Sensus USA, Inc. (collectively “Smith-Blair”) request that the court
place the depositions of Mr. Bird and Mr. Cheatham (D.E. 236) and their privilege log exhibits
(D.E. 250 & 251) under seal because they contain non-public information on Smith-Blair’s
communications with counsel and may cause harm to their competitive position. See D.E. 237 &
252. Smith-Blair filed its two motions to seal on April 19, 2017 and May 4, 2017. These motions
to seal have been present on the public docket since that time and no member of the public has
opposed them. Krausz Industries Ltd. does consent to both of the motions to seal.
After considering the motions to seal and all related filings, the court finds that it should
grant these motions to seal because they satisfy all of the factors set out in In re Knight
Publishing Co., 743 F.2d 231 (4th Cir. 1984). Smith-Blair has shown that the documents subject
to the motions to seal contain non-public information on Smith-Blair’s communications with
counsel and could cause harm to its competitive position. Based upon this showing, the court
finds that the motions have overcome both the First Amendment and common law presumption
of access. Additionally, although the public has had both notice of the requests to seal and a
reasonable opportunity to oppose the motion, no one has filed any objections to them. Finally,
the court has considered less dramatic alternatives to sealing and finds that they would be
inadequate because they are either impractical or inadequate for preserving the information’s
confidentiality.
Therefore, the court grants the motions to seal (D.E. 237 & 252). The court orders that
the Clerk of Court shall permanently sealed the documents at issue.

Dated: June 29, 2017
ROBERT T. NUMBERS, II
______________________________________
UNITEDT.TATES MAGISTRATE JUDGE
Robert S Numbers, II
United States Magistrate Judge