Syngenta Crop Protection, LLC v. Atticus, LLC
ORDER granting 296 Motion to Seal. Signed by US Magistrate Judge Kimberly A. Swank on 1/9/2022. (Sellers, N.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SYNGENTA CROP PROTECTION, LLC,
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.
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.
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_ _ ___ _______
KIMBERLY A. SWANK
United States Magistrate Judge
Case 5:19-cv-00509-D Document 422 Filed 01/09/22 Page 2 of 2
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