Software Pricing Partners, LLC v. Geisman
ORDER granting 91 Plaintiff's Consent Motion to Seal attorney billing information (Exhibit D) ( Document No. 92-6) to "Memorandum in Support of Plaintiff's Petition for Attorney's Fees and Expenses" under SEAL. Signed by Magistrate Judge David Keesler on 9/14/22. (mga)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CASE NO. 3:19-CV-195-RJC-DCK
SOFTWARE PRICING PARTNERS, LLC,
JAMES H. GEISMAN,
THIS MATTER IS BEFORE THE COURT on Plaintiff’s “Consent Motion To Seal”
(Document No. 91) filed September 14, 2022. 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 Defendant’s consent, the undersigned
will grant the motion.
A party who seeks to seal any pleading must comply with the Local Rules of this Court.
Local Civil Rule(“LCvR”) 6.1 provides in relevant part as follows:
SEALED FILINGS AND PUBLIC ACCESS.
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.
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.
Motion to Seal or Otherwise Restrict Public Access. A
Case 3:19-cv-00195-RJC-DCK Document 93 Filed 09/15/22 Page 1 of 2
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:
A non-confidential description of the
material sought to be sealed;
A statement indicating why sealing is
necessary and why there are no alternatives to filing
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
Supporting statutes, case law, or other
LCvR 6.1. It appears that the requirements of LCvR 6.1(c)(1) through (4) have been adequately
Having considered the factors provided in LCvR 6.1(c), the Court will grant the motion to
seal. 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).
IT IS, THEREFORE, ORDERED that Plaintiff’s “Consent Motion To Seal” (Document
No. 91) is GRANTED. Plaintiff may file attorney billing information (Exhibit D) (Document No.
92-6) to the “Memorandum In Support Of Plaintiff’s Petition For Attorney’s Fees and Expenses”
(Document No. 92-1) under SEAL.
Signed: September 14, 2022
Case 3:19-cv-00195-RJC-DCK Document 93 Filed 09/15/22 Page 2 of 2
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