Atlantic Pinstriping, LLC et al v. Atlantic Pinstriping Traid, LLC et al

Filing 111

ORDER Ggranting 110 Motion to Seal. Signed by Senior Judge Graham Mullen on 7/26/2018. (jaw)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-547-GCM

Atlantic Pinstriping, LLC, and
Michael Montemurro,
Plaintiffs,
v.
Atlantic Pinstriping Triad, LLC,
Atlantic Dealer Services Coastal, LLC,
Tony Horne,
William E. Horne, and
Jerry W. Parker,
Defendants.

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ORDER GRANTING
MOTION TO SEAL

This matter is before the Court upon the Defendants’ Motion to Seal their Declarations
regarding financial ability to pay (Doc. No. 110).
When a party makes a request to seal judicial records, the Court must (1) give the public
notice and a reasonable opportunity to challenge the request to seal; (2) “consider less drastic
alternatives to sealing;” and (3) if it decides to seal, make specific findings and state the reasons
for its decision to seal rather than choosing other alternatives. Virginia Dep’t of State Police v.
Washington Post, 386 F.3d 567, 576 (4th Cir. 2004). In accordance with the law of this Circuit
as well as the Local Rules, the Court has considered the Motion to Seal, the public’s interest in
access to such materials, and alternatives to sealing. The public has been provided with adequate
notice and an opportunity to object to the Defendant’s motion. Defendants filed their motion on
July 23, 2018 and it has been accessible to the public through the Court’s electronic case filing
system since that time. The Court determines that no less restrictive means other than sealing is

sufficient because a public filing of such materials would reveal personal financial information
of the Defendants. The Court concludes that the sealing of these documents is narrowly tailored
to serve the interest of protecting the confidential information.
IT IS THEREFORE ORDERED that the Motion to Seal is hereby GRANTED, and the
following documents and materials shall be filed under seal until further Order of this Court:
1. Defendant Tony Horne’s Declaration regarding financial ability to pay;
2. Defendant William E. Horne’s Declaration regarding financial ability to pay; and
3. Defendant Jerry W. Parker’s Declaration regarding financial ability to pay.

Signed: July 26, 2018