TVL International, LLC v. Zhejiang Shenghui Lighting Co., Ltd. et al
ORDER granting 44 Defendant's Unopposed Motion to Seal Exhibits 5 and 15 of Defendant's Motion for Summary Judgment. Signed by Magistrate Judge David Keesler on 7/14/21. (mga)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CASE NO. 3:19-CV-393-RJC-DCK
TVL INTERNATIONAL, LLC,
ZHEJIANG SHENGHUI LIGHTING CO.,
LTD. and SENGLED USA, INC.,
THIS MATTER IS BEFORE THE COURT on “Defendants’ Unopposed Motion To
Seal” (Document No. 44) filed July 12, 2021. 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, 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
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
Local Rule 6.1. It appears that the requirements of Local Rule 6.1(c)(1) through (4) have been
By the instant motion, Defendants seek to seal Exhibits 5 and 15 to their “…Motion For
Summary Judgment” (Document No. 42). (Document No. 44, p. 2). Defendants contend that the
exhibits at issue “contain sensitive and confidential information of a non-party.” Id. The
undersigned finds Defendants’ explanation and authority to be persuasive. (Document No. 44).
Having considered the factors provided in Local Rule 6.1(c), the Court will grant the
motion to seal. Noting that the time for public response has not run on 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
IT IS, THEREFORE, ORDERED that “Defendants’ Unopposed Motion To Seal”
(Document No. 44)is GRANTED. Exhibits 5 and 15 to Defendants’ “. . . Motion For Summary
Judgment” shall be filed under SEAL, and shall remain SEALED until otherwise ordered by this
Signed: July 14, 2021
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