Syngenta Crop Protection, LLC v. Atticus, LLC

Filing 654

ORDER granting 459 Motion to Seal. Signed by US Magistrate Judge Kimberly A. Swank on 9/14/2022. (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 connection with Plaintiff’s Revised Motion to Partially
Amend the Scheduling Order. Specifically, Plaintiff seeks to seal the filings on the
ground they “contain sensitive business and technical information, including
information concerning Syngenta’s strategy on generic competition, and Syngenta’s
strategies on evaluating potential illegal azoxystrobin products and potential
infringement of and enforcement of its intellectual property.” (Mot. Seal [DE #459] at
1.) Where appropriate, Plaintiff has filed proposed redacted versions of the
documents, 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

Case 5:19-cv-00509-D Document 654 Filed 09/14/22 Page 1 of 2

provided by the filing of its motion, and no objections have been filed with the court.
Furthermore, 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
N
For the foregoing reasons, Plaintiff’s Motion to Seal [DE #459] is GRANTED
and the following documents shall be SEALED:
1.
Defendant’s Response in Opposition to Syngenta’s Revised
Motion to Partially Amend the Scheduling Order [DE #449]. A redacted
version is available at DE #460-3;
2.
Declaration of Robert J. Scheffel [DE #450]. A redacted
version is available at DE #460-4;
3.
Exhibit 3 to the Declaration of Robert J. Scheffel [DE #4504]. A redacted version is available at DE #460-5; and
4.
Plaintiff’s Reply in Support of its Revised Motion to
Partially Amend the Scheduling Order [DE #457]. A redacted version is
available at DE #460-6.
This 14th day of September 2022.
2.
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KIMBERLY
KIIMBERLY
LY
Y A. SWANK
United States Magistrate Judge

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