T.A. v. Burke County Public Schools Board of Education et al

Filing 24

ORDER denying the 21 Motion for Summary Judgment and 23 Motion to Seal without prejudice due to failure to comply with Local Rules and requirements of this Court. Signed by District Judge Martin Reidinger on 09/23/2014. (Pro se litigant served by US Mail.) (klb)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:13-cv-00278-MR-DLH T.A., as Lawful Guardian Ad Litem of ) Minor Child, H.S., ) ) Plaintiff, ) ) vs. ) ) BURKE COUNTY PUBLIC SCHOOLS ) BOARD OF EDUCATION, LINDA ) BRADSHAW, JOHN ROES 1-10, and ) MICHAEL ALEXANDER, ) ) Defendants. ) _______________________________ ) ORDER THIS MATTER is before the Court on the Motion for Summary Judgment [Doc. 21] and Motion to Seal [Doc. 23] filed by the Defendants Burke County Public Schools Board of Education and Linda Bradshaw. The Defendants’ Motions fail to comply with the requirement set forth in the Pretrial Order and Case Management Plan which requires that motions and briefs be in at least 14 point type. [Doc. 8 at 5]. The Defendants also failed to include a supporting brief with their Motion to Seal, in violation of Local Civil Rule 7.1(C). Additionally, the Defendants have failed to include: (1) a statement as to why there are no alternatives to filing under seal; (2) a statement as to the period of time the party seeks to have the material maintained under seal and as to how the matter is to be handled upon unsealing; and (3) any supporting statutes, case law or other authority. See LCvR 6.1(C). Further, the Defendants have not submitted the documents that they seek to have filed under seal to the Court, either for in camera review or under seal as part of the record. See LCvR 6.1(D). For all of these reasons, the Defendants’ Motions are denied without prejudice. IT IS, THEREFORE, ORDERED that the Motion for Summary Judgment [Doc. 21] and Motion to Seal [Doc. 23] filed by the Defendants Burke County Public Schools Board of Education and Linda Bradshaw are DENIED WITHOUT PREJUDICE due to their failure to comply with the Local Rules and the requirements of this Court. IT IS SO ORDERED. Signed: September 23, 2014 2

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