Syngenta Crop Protection, LLC v. Atticus, LLC

Filing 418

ORDER granting #247 Motion to Seal. Signed by Magistrate Judge Kimberly A. Swank on 1/6/2022. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:19-CV-509-D
SYNGENTA CROP PROTECTION, LLC,
Plaintiff,
v.
ATTICUS, LLC,
Defendant.

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ORDER

This matter is before the court on Plaintiff’s unopposed motion to seal portions
of Defendant’s Seventh Motion to Compel Discovery and related documents. Plaintiff
seeks to seal these filings on the ground they “contain sensitive business and
technical information concerning Syngenta’s confidential communications with third
parties, and Syngenta’s strategies on sales, marketing, generic competition, its patent
portfolio, and evaluating potential illegal azoxystrobin products and potential
infringement of and enforcement of its intellectual property.” (Mot. Seal [DE #247] at
1.) Where appropriate, Plaintiff has filed proposed redacted versions of the
documents, omitting the portions it contends should not be available to the public.
For the reasons set forth in Plaintiff’s motion and supporting memorandum,
the court finds that the public’s common law right of access is outweighed by
Plaintiff’s interests in protecting against competitive and/or financial harm to
Plaintiff were such information made public. In re Knight Publ’g Co., 743 F.2d 231
(4th Cir. 1984). Public notice of Plaintiff’s request to seal and a reasonable
opportunity to object have been provided by the filing of its motion, and no objections

Case 5:19-cv-00509-D Document 418 Filed 01/06/22 Page 1 of 2

have been filed with the court. Plaintiff has narrowly tailored its request to remove
only information that is sensitive and confidential and not otherwise publicly known.
Plaintiff’s motion is therefore allowed.
CONCLUSION
For the foregoing reasons, Plaintiff’s Motion to Seal [DE #247] is GRANTED,
and the following documents shall be SEALED:
a.
Defendant’s Seventh Motion to Compel Discovery
[DE #235]. A redacted version of this filing is available to the public on
the court’s docket at DE #248-3;
b.
Defendant’s Memorandum in Support of its Seventh
Motion to Compel Discovery [DE #236]. A redacted version of this filing
is available to the public on the court’s docket at DE #248-4];
c.
Exhibits 2, 4, 5, 8, 10, 12, 15, 17, 21, 23, 24, 25, and refiled
exhibit 3 to Declaration of Robert J. Scheffel in Support of Defendant’s
Seventh Motion to Compel Discovery [DE ##237-3, 237-5, 237-6, 237-9,
237-11, 237-13, 237-16, 237-18, 237-22, 237-24, 237-25, 237-26, 239].
Redacted versions of Exhibits 2, 4, 5, 8, 10, 12, 15, 21, 23, 24, and refiled
Exhibit 3 are available to the public on the court’s docket at DE ## 2485, 248-6, 248-7, 248-8, 248-9, 248-10, 248-11, 248-12, 248-13, 248-14,
248-15;
d.
Plaintiff’s Response to Defendant’s Seventh Motion to
Compel Discovery [DE #245]. A redacted version of this filing is
available to the public on the court’s docket at DE #248-16;
e.
Exhibit 3 to Declaration of Patricia A. Carson in Support of
Plaintiff’s Response to Defendant’s Seventh Motion to Compel Discovery
[DE #246-4]. A redacted version of this filing is available to the public
on the court’s docket at DE #248-17
This 6th day of January 2022.
__________________________________________
_______________________________
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KIMBERLY A. SWANK
LY
LY
United States Magistrate Judge
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