Dyer v. City of Gastonia

Filing 56

ORDER denying 55 Motion to Seal re: 54 Letter. Signed by District Judge Max O. Cogburn, Jr on 6/10/16. (mga)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:15-cv-00033-MOC-DCK
SUSAN DYER,

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Plaintiff,
Vs.
CITY OF GASTONIA,
Defendant.

ORDER

THIS MATTER is before the court on plaintiff’s Motion to Seal. Counsel for plaintiff
seeks to seal a pro se letter plaintiff sent to the court (#54) arguing, among other things, that
plaintiff was “under the misapprehension that the letter was private and would not be published.”
Motion (#55) at 1. What counsel does not disclose, and perhaps what she does not know, is that
her client called chambers wanting to send the undersigned a letter by email. She was specifically
advised by chambers staff that “all communication should go through her attorney.” Undeterred
by that instruction, she insisted that she wanted to send the court a letter. She was then advised
that “[i]f she wishes to file documents she will need to submit [them] in paper to the Clerk's
Office.” Staff Notes (ECF June 7, 2016). While such letter has had no impact on this court’s
consideration of the merits of this case, it cannot be said that a person so advised could have any
expectation that her communication would be ex parte or private.
Having considered plaintiff’s motion and reviewed the pleadings, the court enters the
following Order.

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ORDER
IT IS, THEREFORE, ORDERED that plaintiff’s Motion to Seal (#55) is DENIED.

Signed: June 10, 2016

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