International Business Machines Corporation v. Johnson

Filing 8

ORDER granting #4 International Business Machines Corporations Motion to Seal. Document Nos. 1-2, 1-3, 1-4, 1-5, 1-6, 1-7, 1-8, and Document No. 3 shall remain under SEAL until otherwise ordered by this Court. IT IS FURTHER ORDERED that International Business Machines Corporation shall file a publicly available redacted version of "Petitioner International Business Machines Corporations Memorandum In Support Of Motion To Confirm Arbitration Award" (Document No. 3) on or before February 16, 2022. Signed by Magistrate Judge David Keesler on 2/9/22. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:22-CV-053-FDW-DCK
INTERNATIONAL BUSINESS MACHINES
CORPORATION,
Petitioner,
v.
JON JOHNSON,
Respondent.

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ORDER

THIS MATTER IS BEFORE THE COURT on “International Business Machines
Corporation’s Motion To Seal” (Document No. 4) filed February 8, 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, 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.

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(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.
By the instant motion, Petitioner seeks to seal Exhibits 2-8 attached to its “Petition To
Confirm Arbitration Award” (Document No. 1) and “Petitioner International Business Machines
Corporation’s Memorandum In Support Of Motion To Confirm Arbitration Award” (Document
No. 3). Petitioner contends that Exhibits 2-8 “are information, documents, and filings produced
or made in [the] confidential arbitration, and subject to the [Arbitration] Agreement” that provided
for confidentiality of such documents. (Document No. 5, p. 1). Furthermore, Petitioner contends
that its supporting memorandum to its Motion to Confirm Arbitration Award “refers to Exhibits
2-8 or other confidential information related to the underlying arbitration.” Id. at p. 2.
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

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additional burden for any non-party under the Federal Rules of Civil Procedure. See Local Rule
6.1(e).
IT IS, THEREFORE, ORDERED that “International Business Machines Corporation’s
Motion To Seal” (Document No. 4) is GRANTED. Document Nos. 1-2, 1-3, 1-4, 1-5, 1-6, 1-7,
1-8, and Document No. 3 shall remain under SEAL until otherwise ordered by this Court.
IT IS FURTHER ORDERED that International Business Machines Corporation shall file
a publicly available redacted version of “Petitioner International Business Machines Corporation’s
Memorandum In Support Of Motion To Confirm Arbitration Award” (Document No. 3) on or
before February 16, 2022.
SO ORDERED.

Signed: February 9, 2022

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