Trull, et al v. Dayco Prod LLC, et al

Filing 298

ORDER that the Clerk return the sealed Document Nos 230 , 231 and 234 to Pltfs counsel, Bredhoff & Kaiser, PLLC, by certified mail, return receipt requested. Signed by District Judge Lacy Thornburg on 3/12/09. (ejb)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL NO. 1:02CV243

JERRY TRULL, et al., Plaintiffs, V s. DAYCO PRODUCTS, LLC, et al., Defendants.

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ORDER

THIS MATTER is before the Court on a request by the Clerk of Court for the disposition of certain sealed pleadings herein. On May 24 and 26, 2005, Plaintiffs' filed Confidential Information Sufficient to Allow a Determination of Damages as Awarded by Jury Verdict. See Document Nos. 230, 231 and 234; see also Order, filed May 26, 2005 (ordering these documents sealed). The Clerk has been directed by the Federal Archives to ship this file for permanent storage at one of its facilities, but that institution will not accept sealed materials. Therefore, the Clerk is required to either 1) retain the documents in perpetuity in a secured location, 2) electronically scan

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the documents into the record for historical purposes, or 3) receive the Court's permission to destroy the sealed pleadings or direct they be returned to the filing party. The first two options are not feasible. The Clerk does not have the space in which to retain such documents in a secured location. Secondly, not only are these documents voluminous, the format in which they were filed (legal-sized paper; single spaced, with front and back printing) prevent the Clerk from electronically scanning the documents into the record. As a result, the Clerk has contacted Plaintiffs' attorneys in this matter, the law firm of Bredhoff & Kaiser, PLLC, who advise that they would prefer the Clerk return these sealed pleadings to their custody. The Court finds that such disposal to be appropriate under the circumstances. IT IS, THEREFORE, ORDERED that the Clerk return the sealed Document Nos. 230, 231 and 234 to Plaintiffs' counsel, Bredhoff & Kaiser, PLLC, by certified mail, return receipt requested.
Signed: March 12, 2009