Three Reasons, LLC et al v. JAB-C, LLC et al

Filing 70

ORDER granting 69 Motion to Seal Document , Redact, and Substitute Exhibits. IT IS FURTHER ORDERED that the Clerk of Court shall substitute Document No. 67-16 with redacted Document No. 69-1. Signed by US Magistrate Judge David Keesler on 8/28/2024. (brl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:23-CV-557-FDW-DCK
THREE REASONS, LLC, and
ANDREW MASON HUX,
Plaintiffs-Counterclaim
Defendants,
v.
THIRTYONE THIRTEEN LLC,
Defendant,
and
JAB-C, LLC f/k/a Supreme Ready-Mix LLC,
and MANAL SAFFOURY SCHATTIN,
Defendants-Counterclaim
Plaintiffs.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiffs’ “Motion To Seal, Redact,
And Substitute Exhibits” (Document No. 69) filed August 28, 2024. 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
(a)

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.
(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.
LCvR 6.1. It appears that the requirements of LCvR 6.1(c)(1) through (4) have been adequately
met.
Having considered the factors provided in LCvR 6.1(c), the Court will grant the motion to
seal. Noting that the time for a response has not run to 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).
IT IS, THEREFORE, ORDERED that Plaintiffs’ “Motion To Seal, Redact, And
2

Substitute Exhibits” (Document No. 69) is GRANTED.
IT IS FURTHER ORDERED that the Clerk of Court shall substitute Document No. 6716 with redacted Document No. 69-1.
SO ORDERED.
Signed: August 28, 2024

3