Interface Security Systems, L.L.C. v. Family Dollar, Inc.

Filing 5

ORDER granting #3 Plaintiff Interface Security Systems, LLC's Motion to Seal Exhibits 1 and 2 to the #1 Complaint and Exhibit B to Exhibit 2. Signed by Magistrate Judge David Keesler on 7/14/21. (mga) Modified text on 7/14/2021 (mga).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:21-CV-327-FDW-DCK
INTERFACE SECURITY SYSTEMS, L.L.C.,
Plaintiff,
v.
FAMILY DOLLAR, INC.,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff Interface Security Systems,
L.L.C.’s Motion To Seal” (Document No. 3) filed July 8, 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:
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.

Local Rule 6.1. It appears that the requirements of Local Rule 6.1(c)(1) through (4) have been
adequately met. The documents that Plaintiff seeks to file under seal include a “Master Services
Agreement,” an “Amended and Restated Master Services Agreement,” and a “Digital Witness
Video Services SOW.” (Document No. 3, p. 2). Plaintiff contends that these documents “contain
incredibly sensitive and confidential information pertaining to the pricing arrangements entered
between ISS and Family Dollar…[and] proprietary contract terms that are a product of extensive
negotiations between the parties.” Id. at p. 4. Plaintiff also contends that this information “was
and has at all times been contemplated by ISS and Family Dollar as confidential,” and it will
presumably be marked as such “once a Protective Order is entered in this matter.” Id.
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 parties or 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).
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IT IS, THEREFORE, ORDERED that “Plaintiff Interface Security Systems, L.L.C.’s
Motion to Seal” (Document No. 3) is GRANTED. Exhibits 1 and 2 to the Complaint, and Exhibit
B to Exhibit 2, shall remain under SEAL until otherwise ordered by this Court.
SO ORDERED.

Signed: July 14, 2021

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