Martin v. Garrett et al

Filing 123

ORDER granting 116 Joint Motion to Seal Document. See order for further details. Signed by Magistrate Judge W. Carleton Metcalf on 7/19/2021. (Pro se litigant served by US Mail.) (rhf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 CV 350 MOC WCM
MARY MARTIN,

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Plaintiff,
v.
NAKISHA GARRETT, et al.,
Defendants.
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ORDER

This matter is before the Court on a Joint Motion to Seal Certain
Documents by Defendants Wazan and Garrett/Harris (the “Motion to Seal,”
Doc. 116), which requests that the following be sealed:
1. Wazan’s declaration (Doc. 115-1);
2. Two exhibits attached to that declaration (Doc. 115-1);
3. Two declarations from North Carolina Department of Public Safety
inmates (Docs. 115-2 & 115-3);
4. Gate logs from the North Carolina Correctional Institute for Women
(Doc. 115-4); and
5. A small portion Wazan’s brief in support of his motion for summary
judgment (“Brief”) (Doc. 114).
Plaintiff does not object to the relief requested. Defendant Thompkins,
who is appearing pro se, has not been contacted.

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In evaluating a motion to seal, the Court must “(1) provide public notice
of the request to seal and allow interested parties a reasonable opportunity to
object, (2) consider less drastic alternatives to sealing the documents, and (3)
provide specific reasons and factual findings supporting its decision to seal the
documents and for rejecting the alternatives.” Ashcraft v. Conoco, Inc., 218
F.3d 288, 302 (4th Cir. 2000).
Additionally, Local Civil Rule 6.1 states that “there is a presumption
under applicable common law and the First Amendment that materials filed
in this Court will be filed unsealed.” LCvR 6.1(a). To support sealing, a party
must set forth, among other things: (1) a non-confidential description of the
material sought to be sealed; (2) a statement indicating why sealing is
necessary and why there are no alternatives to filing under seal; and (3)
supporting statutes, case law, or other authority. LCvR6.1(c).
The undersigned has considered the Motion to Seal, the public’s interest
in access to the subject documents, and alternatives to sealing.
Here, the public has been provided with adequate notice of the Motion to
Seal; the Motion has been pending since June 18, 2021 and describes the
documents to be sealed and the arguments in support of the Motion. Likewise,
a redacted version of the Brief has been filed (Doc. 112).
Wazan’s declaration, the two exhibits attached to it, and the related
section of his Brief pertain to certain sensitive, personal medical information
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and the undersigned finds that sealing is appropriate. See Aiken v. Lee, No.
1:17-cv-97-FDW, 2019 WL 6833882, at *7 (W.D.N.C. Dec. 13, 2019) (sealing
medical records filed in support of motion for summary judgment).
The undersigned also finds that sealing of the declarations of the North
Carolina Department of Public Safety inmates is proper in order to protect the
inmates from potential retaliation.
Finally, the undersigned finds that the gate records should also be filed
under seal.
For these reasons, and as otherwise described in the Motion to Seal, the
request will be allowed, and the subject documents will remain under seal.
However, noting that these items have been submitted in support of a
dispositive motion, this Order is without prejudice to any future request that
these materials be unsealed, if necessary.
IT IS THEREFORE ORDERED that the Joint Motion to Seal Certain
Documents by Defendants Wazan and Garrett/Harris (Doc. 116) is GRANTED,
and the following documents shall remain sealed until further Order of the
Court:
1. Wazan’s declaration (Doc. 115-1);
2. Two exhibits attached to that declaration (Doc. 115-1);
3. Two declarations from North Carolina Department of Public Safety
inmates (Docs. 115-2 & 115-3);

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4. Gate logs from the North Carolina Correctional Institute for Women
(Doc. 115-4); and
5. The unredacted Brief in support of Wazan’s Motion for Summary
Judgment (Doc. 114).

Signed: July 19, 2021

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