Baronius Press, Ltd. v. Saint Benedict Press, LLC

Filing 91

ORDER granting 90 Plaintiff's Motion to Seal Exhibit [89-10] Response in Opposition to Defendant's Motion to Compel Discovery.Plaintiff may file Exhibit 10 under seal, and Exhibit 10 shall remain under seal until otherwise ordered by this Court. Signed by Magistrate Judge David Keesler on 11/7/18. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-CV-695-FDW-DCK
BARONIUS PRESS, LTD.,
Plaintiff,
v.
SAINT BENEDICT PRESS LLC,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Motion To Seal Exhibit[] 10
To Its Response In Opposition To Defendant’s Motion To Compel Discovery” (Document No. 90)
filed November 6, 2018. This motion has been referred to the undersigned Magistrate Judge
pursuant to 28 U.S.C. § 636(b), and immediate review is appropriate. Having carefully considered
the motion and the record, and noting consent of Defendant’s counsel, the undersigned will grant
the motion.
A party who seeks to seal any pleading must comply with Local Civil Rule 6.1. This Local
Rule (“LCvR.”) provides in relevant part as follows:
LCvR 6.1

SEALED FILINGS AND PUBLIC ACCESS.

(c)
Motion to Seal or Otherwise Restrict Public Access. A
party’s request to file materials under seal must be made by formal
motion, separate from the motion or other pleading sought to be
sealed, pursuant to L.Cv.R 7.1. Such motion must be filed
electronically under the designation “Motion to Seal.” The motion
must set forth:
(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;

(3)
Unless permanent sealing is sought, a
statement indicating how long the party seeks to have
the material maintained under seal and how the
matter is to be handled upon unsealing; and
(4)
Supporting statutes, case law, or other
authority.
To the extent the party must disclose any confidential information
in order to support the motion to seal, the party may provide that
information in a separate memorandum filed under seal.
Local Rule. 6.1(c).
The undersigned observes that Plaintiff has barely addressed the first three factors, but has
provided no supporting authority. (Document No. 90). Nevertheless, having considered these
factors and noting that subsequent emails from counsel to the undersigned’s staff indicate that the
parties agree that Exhibit 10 should be sealed, the Court will grant the motion. Inasmuch as the
time for public response has not run to this motion, the Court will consider any objection to this
Order from non-parties as an objection to the motion, requiring no additional burden for any nonparty under the Federal Rules of Civil Procedure. See Local Rule 6.1(e).
CONCLUSION
IT IS, THEREFORE, ORDERED that “Plaintiff’s Motion To Seal Exhibit[] 10 To Its
Response In Opposition To Defendant’s Motion To Compel Discovery” (Document No. 90) is
GRANTED. Plaintiff may file Exhibit 10 under seal, and Exhibit 10 shall remain under seal until
otherwise ordered by this Court.

Signed: November 7, 2018

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