Syngenta Crop Protection, LLC v. Atticus, LLC

Filing 422

ORDER granting 296 Motion to Seal. Signed by US Magistrate Judge Kimberly A. Swank on 1/9/2022. (Sellers, N.)

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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. ) ) ) ) ) ) ) ) ) ORDER This matter is before the court on Plaintiff’s unopposed motion to seal portions of its memorandum in support of its motion to dismiss Defendant’s counterclaims. Plaintiff seeks to seal this information on the ground it is “sensitive business and technical information concerning Syngenta’s confidential communications with third parties, and Syngenta’s strategies on sales, marketing, generic competition.” (Mot. Seal [DE #296] at 1.) Plaintiff has filed a proposed redacted version of its memorandum, 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 have been filed with the court. Plaintiff has narrowly tailored its request to remove Case 5:19-cv-00509-D Document 422 Filed 01/09/22 Page 1 of 2 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 #296] is GRANTED and it is ORDERED that Plaintiff’s memorandum in support of its motion to dismiss [DE #295] shall be SEALED. A redacted version of this filing is available to the public on the court’s docket at DE #297-3. This 9th day of January 2022. __________________________________________ _______________________________ ___________ __ _ _ _ _ ___ _______ ___ KIMBERLY KIMBERLY A. SWANK I LY LY United States Magistrate Judge 2 Case 5:19-cv-00509-D Document 422 Filed 01/09/22 Page 2 of 2

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