The Wellness Group, LLC v. King Bio, Inc.

Filing 66

ORDER denying without prejudice 60 Motion to Seal. Signed by Magistrate Judge Dennis Howell on 11/08/2013. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12cv281
THE WELLNESS GROUP, LLC,

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Plaintiff,
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v.
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KING BIO, INC., et al.,
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Defendants.
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___________________________________ )

ORDER

Pending before the Court is the Motion to Seal [# 60]. Plaintiff moves to
seal two exhibits submitted in support of its previously filed discovery motion,
which the Court recently denied. The exhibits are excerpts from the deposition
transcripts of Dr. Frank King and Suzie King. The parties designated the
depositions as Confidential Information pursuant to the Consent Protective Order
the parties entered into on January 23, 2013.
Upon a review of the excerpts of the deposition transcripts, the Court sees no
grounds justifying sealing these excerpts; the excerpts do not appear to address any
confidential or other testimony that would normally be sealed by the Court in civil
litigation. Moreover, the motion fails to explain how competing interests in this
case outweigh the public’s right to access. Accordingly, the Court DENIES
without prejudice the motion [# 60]. The exhibits, however, shall remain under
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seal for ten (10) days from the entry of this Order. Either party may file a renewed
motion within this ten day period setting forth sufficient grounds justifying sealing
the two exhibits at issue and the Court will reconsider sealing the documents. The
Court simply cannot justify an Order sealing these exhibits on the information in
the record before it currently.

Signed: November 8, 2013

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