Syngenta Crop Protection, LLC v. Atticus, LLC

Filing 420

VACATED pursuant to #423 Order. ORDER granting #283 Motion to Seal Document. Signed by US Magistrate Judge Kimberly A. Swank on 1/6/2022. (Sellers, N.) Modified on 1/10/2022 (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 Defendant’s unopposed motion to seal
portions of its proposed reply to its Seventh Motion to Compel Discovery. Defendant
seeks to seal these filings on the ground they contain sensitive and highly confidential
information concerning third parties’ processes for the manufacture of azoxystrobin.
Defendant has filed a proposed redacted version of the documents, omitting the
portions it contends should not be available to the public.
For the reasons set forth in Defendant’s motion and supporting memorandum,
the court finds that the public’s common law right of access is outweighed by the
interests of Defendant and third-party manufacturers in protecting against
competitive and/or financial harm were such information made public. In re Knight

Publ’g Co., 743 F.2d 231 (4th Cir. 1984). Public notice of Defendant’s request to seal
and a reasonable opportunity to object have been provided by the filing of its motion,
and no objections have been filed with the court. Defendant has narrowly tailored its
request to remove only information that is sensitive and confidential and not
otherwise publicly known.

Case 5:19-cv-00509-D Document 420 Filed 01/06/22 Page 1 of 2

CONCLUSION
For the foregoing reasons, Defendant’s Motion to Seal [DE #283] is GRANTED
and it is ORDERED that Defendant’s Proposed Reply in Support of its Seventh
Motion to Compel Discovery [DE #276-1] shall be SEALED. A redacted version of this
filing appears to have been provisionally sealed on the court’s docket at DE #284, and
the clerk is directed to UNSEAL the provisionally sealed document at DE #284 unless
a motion to seal is filed by within seven (7) days of the date this order is entered.
This 6th day of January 2022.
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KIMBERLY A. SWANK
LY
LY
United States Magistrate Judge

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