Wilkins-Bailey v. Essity Professional Hygiene North America, LLC
Filing
48
ORDER granting Defendant's 43 Motion to File Exhibits Under Seal. Document No. 45 shall remain under SEAL until otherwise ordered by this Court. Signed by US Magistrate Judge David Keesler on 1/24/25. (mga)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:23-CV-431-RJC-DCK
DELSONYA WILKINS-BAILEY,
Plaintiff,
v.
ESSITY PROFESSIONAL HYGIENE
NORTH AMERICA, LLC,
Defendant.
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ORDER
THIS MATTER IS BEFORE THE COURT on “Defendant’s Motion To File Exhibits
Under Seal” (Document No. 43) filed January 24, 2025. 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 no objection from
Plaintiff, 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)
(2)
(3)
(4)
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 under seal;
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 authority.
LCvR 6.1. It appears that the requirements of LCvR 6.1(c)(1) through (4) have been adequately
met.
By the instant motion, Defendant seeks to file two excerpts from Plaintiff’s deposition
(Document No. 45) under seal as exhibits to “Defendant’s Motion For Summary Judgment”
(Document No. 46). (Document No. 43). Defendant contends these exhibits “consist of sensitive
personal health information of Plaintiff.” Id.
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 “Defendant’s Motion To File Exhibits Under
Seal” (Document No. 43) is GRANTED. Document No. 45 shall remain under SEAL until
otherwise ordered by this Court.
SO ORDERED.
Signed: January 24, 2025
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