United States of America v. Bynum et al
ORDER granting 23 United States' Consent MOTION to Seal Exhibits to Motion for Summary Judgment. Document Nos. 25-1,25-2, 25-3, 25-4, 25-5, and 25-6 shall remain under SEAL until otherwise ordered by this Court. Signed by Magistrate Judge David Keesler on 11/17/21. (mga)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CASE NO. 3:21-CV-037-FDW-DCK
UNITED STATES OF AMERICA,
TICO JERMAINE BYNUM, MALCOLM
BYNUM, and DONALD BYNUM,
THIS MATTER IS BEFORE THE COURT on the “United States’ Motion For Leave
To File Exhibits Under Seal” (Document No. 23) filed November 16, 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, the United States seeks to seal Exhibits 3, 8, 20, 21, 25, and 26
(Document Nos. 25-1, 25-2, 25-3, 25-4, 25-5, and 25-6) to its Motion for Summary Judgment
because it contends that these documents “include payment histories, bank statements, and tax
returns that contain financial information protected from disclosure to the public by the Privacy
Act.” (Document No. 23, p. 1). Defendants consent to the United States’ Motion to Seal.
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 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
IT IS, THEREFORE, ORDERED that the “United States’ Motion For Leave To File
Exhibits Under Seal” (Document No. 23) is GRANTED. Document Nos. 25-1, 25-2, 25-3, 25-4,
25-5, and 25-6 shall remain under SEAL until otherwise ordered by this Court.
Signed: November 17, 2021
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