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

Filing 266

ORDER granting 263 Motion to Seal - It is ORDERED that Exhibit G [245-1] to Plaintiffs Supplemental Brief be FILED UNDER SEAL; and it is FURTHER ORDERED that Plaintiffs Supplemental Brief 245 be FILED UNDER SEAL and that t he Clerk file in this action the redacted copy of same in the form submitted as Exhibit 1 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.)

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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. ) ) ) ) ) ) ) ) ) ) ) ) ORDER This matter comes before the Court on the Consent Motion to Seal Portion of Plaintiff’s Supplemental Brief in Support of Its Motion to Compel Production of Documents [DE 245] and Exhibit G [DE 245-1] Thereto (the “Motion to Seal”). WHEREAS, Exhibit G to Plaintiff’s Supplemental Brief in Support of Its Motion to Compel Production of Documents [DE 245] (“Plaintiff’s Supplemental Brief”) contains nonpublic information belonging to Smith-Blair, 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 WHEREAS, it appears to the Court that Smith-Blair and Sensus USA claim, in good faith, that disclosure of the confidential information contained in Exhibit G to Plaintiff’s Supplemental Brief could cause harm to their competitive position; and WHEREAS, it appears to the Court that the information contained in Exhibit G Plaintiff’s Supplemental Brief is discussed in a portion of Plaintiff’s Supplemental Brief; and 1 WHEREAS, Smith-Blair and Sensus USA have submitted a proposed redacted copy of Plaintiff’s Supplemental Brief for filing 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, 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 FURTHER ORDERED that Exhibit G [DE 245-1] to Plaintiff’s Supplemental Brief be FILED UNDER SEAL; and it is FURTHER ORDERED that Plaintiff’s Supplemental Brief [DE 245] be FILED UNDER SEAL and that the Clerk file in this action the redacted copy of same in the form submitted as Exhibit 1 to the Motion to Seal. 27th September This the _____ of ________________________, 2017. LOUISE W. FLANAGAN UNITED STATES DISTRICT COURT JUDGE 2

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