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

Filing 265

ORDER - That the Motion to Seal 261 is hereby GRANTED; and it is FURTHER ORDERED that Plaintiffs Show Cause Memorandum [DE 229] and Exhibits A, B, C, D, E and F thereto be FILED UNDER SEAL; and it is FURTHER ORDERED that Pla intiffs Show Cause Motion 228 be FILED UNDER SEAL and that the Clerk file in this action the redacted copy of same submitted as Exhibit 1 to the Motion to Seal; and it is FURTHER ORDERED that Plaintiffs Page Limit Motion [DE 232] be FILED UNDER SEA L and that the Clerk file in this action the redacted copy of same submitted as Exhibit 2 to the Motion to Seal. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 9/27/2017. (Collins, S.)

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.
SMITH-BLAIR, INC., SENSUS USA,
INC. and SENSUS MANUFACTURING
SHANGHAI LIMITED,
Defendants.

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ORDER

This matter comes before the Court on the Consent Motion to Seal Portion of Krausz
Industries, Ltd.’s Expedited Motion for Entry of a Show Cause Order [DE 228], to Seal Krausz
Industries, Ltd.’s Memorandum in Support of Its Expedited Motion for Entry of a Show Cause
Order [DE 229], and to Seal Portion of Plaintiff’s Page Limit Motion [DE 232] (the “Motion to
Seal”).
WHEREAS, Exhibits A, B, C, D, E and F to Krausz Industries, Ltd.’s
Memorandum in Support of Its Expedited Motion for Entry of a Show Cause Order [DE 228]
(“Plaintiff’s Show Cause Memorandum”) contain non-public information belonging to SmithBlair, Inc. (“Smith-Blair”) and/or Sensus USA, Inc. (“Sensus USA”) concerning their
communications with counsel relating to this matter, as well as communications among their
counsel; and

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WHEREAS, it appears to the Court that Smith-Blair and Sensus USA claim, in good
faith, that disclosure of the confidential information contained in Exhibits A, B, C, D, E and F to
Plaintiff’s Show Cause Memorandum could cause harm to their competitive position; and
WHEREAS, it appears to the Court that the information contained in Exhibits A, B, C, D,
E and F to Plaintiff’s Show Cause Memorandum is discussed throughout Plaintiff’s Show Cause
Memorandum; and
WHEREAS, it appears to the Court that the information contained in Exhibits A, B, C, D,
E and F to Plaintiff’s Show Cause Memorandum is discussed in a portion of Krausz Industries,
Ltd.’s Expedited Motion for Entry of a Show Cause Order [DE 228] (“Plaintiff’s Show Cause
Motion”) and in a portion of the Motion to Enlarge Page Limit for Plaintiff Krausz Industries,
Ltd.’s Memorandum in Support of Its Expedited Motion for Entry of a Show Cause Order [DE
232] (“Plaintiff’s Page Limit Motion”); and
WHEREAS, Smith-Blair and Sensus USA have submitted proposed redacted copies of
Plaintiff’s Show Cause Motion and Plaintiff’s Page Limit Motion to be filed in this action; and
WHEREAS, the public’s right to access to such to information is outweighed by the
interest which Smith-Blair and Sensus USA claim in protecting against its public disclosure; and
WHEREAS, the Court has provided notice to the public of Smith-Blair’s and Sensus
USA’s motion to seal; and
WHEREAS, it appears that less restrictive alternatives to sealing would not be practical
or adequate to preserve the confidentiality of the information in question;
NOW, THEREFORE, upon consideration of the Motion to Seal filed by Smith-Blair and
Sensus USA, the memorandum in support thereof, and the entire record herein, it is hereby
ORDERED that the Motion to Seal is hereby GRANTED; and it is

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FURTHER ORDERED that Plaintiff’s Show Cause Memorandum [DE 229] and Exhibits
A, B, C, D, E and F thereto be FILED UNDER SEAL; and it is
FURTHER ORDERED that Plaintiff’s Show Cause Motion [DE 228] be FILED UNDER
SEAL and that the Clerk file in this action the redacted copy of same submitted as Exhibit 1 to
the Motion to Seal; and it is
FURTHER ORDERED that Plaintiff’s Page Limit Motion [DE 232] be FILED UNDER
SEAL and that the Clerk file in this action the redacted copy of same submitted as Exhibit 2 to
the Motion to Seal.

27th

September

This the _____ of ________________________, 2017.

LOUISE W. FLANAGAN
UNITED STATES DISTRICT COURT JUDGE

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