Syngenta Crop Protection, LLC v. Atticus, LLC

Filing 432

ORDER granting #344 Motion to Seal. Signed by US Magistrate Judge Kimberly A. Swank 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 Plaintiff’s unopposed motion to seal portions
of documents submitted in support of its Motion for Leave to File a Reply in Support
of its Motion to Stay Discovery. Plaintiff seeks to seal this information on the ground
the filings “contain or reference sensitive business and technical information
concerning Syngenta’s analysis of potential infringement of and enforcement of
its intellectual property.” (Mot. Seal [DE #344] at 1.) Plaintiff has filed
proposed redacted version 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 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

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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 #344] is GRANTED
and it is ORDERED that the Declaration of Russell E. Levine, P.C. [DE #336] and
Exhibits 1, 2, 3, and 4 thereto [DE ## 336-2, 336-3, 336-4, 336-5] be SEALED.
Redacted versions of these filings are available to the public on the court’s docket at
DE #345-3.
This 10th day of January 2022.
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KIMBERLY A. SWANK
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United States Magistrate Judge

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