Federal Trade Commission v. ACDI Group, LLC et al

Filing 63

ORDER Granting 61 Motion to Seal Document 60 Status Report. Signed by Senior Judge Graham Mullen on 9/19/2018. (jaw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:17-CV-00340-GCM
FEDERAL TRADE COMMISSION,
Plaintiffs,
v.
ACDI GROUP, LLC
ANTHONY SWATSWORTH
SOLUTIONS TO PORTFOLIOS, LLC,
Defendants.

)
)
)
)
)
)
)

ORDER

)
)
)

THIS MATTER is before the Court upon the Plaintiff’s Motion to Seal Docket Entry
60-1. (Doc. No. 60-1).
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 Plaintiff’s motion. Plaintiff filed the motion on
September 11, 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 information
of third parties including names, telephone numbers, email addresses, and other such

1

information. The Court concludes that the sealing of this document is narrowly tailored to serve
the interest of protecting the information of the third parties.
IT IS THEREFORE ORDERED that the Plaintiff’s Motion to Seal is hereby
GRANTED, and the following document shall be filed under seal until further Order of this
Court: Docket Entry 60-1.

Signed: September 19, 2018

2