Syngenta Crop Protection, LLC v. Atticus, LLC
Filing
424
ORDER granting #306 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
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 its memorandum in support of its motion to stay discovery and Exhibit 1 thereto.
Plaintiff seeks to seal these filings on the ground they “contain or reference 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 #306] at 1.) Plaintiff has filed proposed redacted
versions of the filings, 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 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.
Case 5:19-cv-00509-D Document 424 Filed 01/09/22 Page 1 of 2
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 #306] is GRANTED
and it is ORDERED that Plaintiff’s memorandum in support of its motion to stay
discovery [DE #302] and Exhibit 1 thereto [DE #303] shall be SEALED. Redacted
versions of these filings are available to the public on the court’s docket at DE ## 3073 and 307-4.
This 9th day of January 2022.
__________________________________________
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_____________________
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KIMBERLY A. SWANK
LY
LY
United States Magistrate Judge
2
Case 5:19-cv-00509-D Document 424 Filed 01/09/22 Page 2 of 2
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