U.S. Tobacco Cooperative Inc. et al v. Big South Wholesale of Virginia, LLC d/b/a Big Sky International et al

Filing 741

ORDER regarding 734 Ex Parte Motion - The court declines to consider this matter ex parte. Accordingly, the motion at docket entry 734 is DENIED without prejudice, and the movant need not serve the motion or accompanying documents on the parties. The Clerk of Court is DIRECTED to strike from the record the following documents related to the ex parte motion: the documents at docket entries 732, 734, 735, 737, and740. The accompanying motions to seal [DE-733, -738] are ALLOWED. The Clerk of Court is DIRECTED to maintain the stricken docket entries under seal. This seal will remain in place until further notice by the court, notwithstanding any previously entered unsealing orders in this case. Signed by Senior Judge James C. Fox on 3/6/2017. (Grady, B.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NGRTH CAROLINA
WESTERN DIVISION
No. 5:13-CV-527-F

U.S. TOBACCO INC.,
U.S FLUE-CURED TOBACCO
GROWERS, INC., and
BIG SOUTH DISTRIBUTION, LLC,
Plaintiffs,
v.
BIG SOUTH WHOLESALE
OF VIRGINIA, LLC, d/b/a BIG SKY
INTERNATIONAL, BIG SOUTH
WHOLESALE, LLC, UNIVERSAL
SERVICES FIRST CONSULTING,
a/k/a UNIVERSAL SERVICES
CONSULTING GROUP, JASONCARPENTER, CHRISTOPHER SMALL,
EMORY STEPHEN DANIEL,
and other unnamed co-conspirators,
Defendants,
UNITED STATES OF AMERICA,
Intervenor.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

ORDER

This matter is before the court on the ex parte motion [DE-732, -734] of proposed
intervenor John Doe. Plaintiffs object to ex parte consideration of the motion. [DE-735].
The court declines to consider this matter ex parte. Accordingly, the motion at docket
entry 734 is DENIED without prejudice, and the movant need not serve the motion or
accompanying documents on the parties. The. Clerk of Court is DIRECTED to strike from the
record the following documents related to the ex parte motion: the documents at docket entries
732, 734, 735, 737, and740. John Doe may refile his motion if he so chooses, in accordance with

the local rules of this district, including utilizing the district's procedures for filing documents
under seal if appropriate.
As the court declines to consider John Doe's documents, there is no presumption of
public access tq them. 1 Accordingly, the accompanying motions to seal [DE-733, -738] are
ALLOWED. The Clerk of Court is DIRECTED to maintain the stricken docket entries under
seal. This seal will remain in place until further notice by the court, notwithstanding any
previously entered unsealing orders in this case.
SO ORDERED.
This the_,_ day of March, 2017.

1

See In re U.S.for an Order Pursuant to 18 U.S. C. Section 2703(D), 707 F.3d 283, 290 (4th Cir. 2013) (noting that
a right of access attaches only to judicial records, documents that "play a role in the adjudicative process, or
adjudicate substantive rights").
2