Kamel v. 5Church, Inc et al

Filing 78

ORDER granting 72 Plaintiff Ayman Kamel's Motion to Seal. Signed by Magistrate Judge David Keesler on 5/30/19. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:17-CV-507-RJC-DCK
AYMAN KAMEL,
Plaintiff,
v.
5CHURCH, INC., PATRICK WHALEN,
MAP MANAGEMENT OF CHARLOTTE,
LLC, and ALEJANDRO TORIO,
Defendants.
________________________________________
5 CHURCH, INC., and 5CHURCH
CHARLESTON, LLC,
Plaintiffs,
v.
AYMAN KAMEL,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff Ayman Kamel’s Motion To
Seal” (Document No. 72) filed May 29, 2019. 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 Defendants’ counsel, the
undersigned will grant the motion.
A party who seeks to seal any pleading must comply with the Local Rules of this Court.
Local Rule 6.1 provides in relevant part as follows:

LCvR. 6.1

SEALED FILINGS AND PUBLIC ACCESS.

(a)
Scope of Rule. To further openness in civil case
proceedings, there is a presumption under applicable common law
and the First Amendment that materials filed in this Court will be
filed unsealed. This Rule governs any party’s request to seal, or
otherwise restrict public access to, any materials filed with the Court
or used in connection with judicial decision- making. As used in this
Rule, “materials” includes pleadings and documents of any nature
and in any medium or format.
(b)
Filing under Seal. No materials may be filed under seal
except by Court order, pursuant to a statute, or in accordance with a
previously entered Rule 26(e) protective order.
(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 LCvR 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.
Having considered the factors provided in Local Rule 6.1(c), Plaintiff’s thorough
“…Memorandum Of Law In Support Of Motion To Seal” (Document No. 72-1), and Defendants’
consent, the Court will grant the motion to seal. Based on the foregoing information, it appears
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that the requirements of Local Rule 6.1(c)(1) through (4) have been met. See (Document No. 721).
Noting that 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 non-party under the Federal Rules of Civil Procedure. See Local Rule 6.1(e).
CONCLUSION
IT IS, THEREFORE, ORDERED that “Plaintiff Ayman Kamel’s Motion To Seal”
(Document No. 72) is GRANTED. Plaintiff may file Exhibits E & F attached to Plaintiff’s
Opposition to Defendants’ Motion for Summary Judgment; and certain portions of Plaintiffs’
Opposition to Defendants’ Motion for Summary Judgment that discuss and describe the said
exhibits, under seal.
SO ORDERED.

Signed: May 30, 2019

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