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.)

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 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

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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

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