Appling et al v. Alleghany County et al

Filing 39

ORDER re 37 MOTION to Seal - Plfs' counsel shall file a Notice with the Court on or before 5/25/2012, informing the Court of Dfts' position on the pending Motion to Seal. Signed by Magistrate Judge David Keesler on 5/18/12. (smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:12-CV-037-RLV-DCK
OLIVIA BURLESON APPLING, et al., )
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Plaintiffs,
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v.
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ALLEGHANY COUNTY, ASHE
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COUNTY, AVERY COUNTY, GARY L. )
BLEVINS, LARRY COX, NATHAN A. )
MILLER, NEW RIVER SERVICE
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AUTHORITY, KENNY R. POTEAT,
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WILLIAM SANDS, WATAUGA
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COUNTY, and WILKES COUNTY,
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Defendants.
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____________________________________)

ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiffs’ “Motion To Seal” (Document
No. 37) filed May 17, 2012. This motion has been referred to the undersigned Magistrate Judge
pursuant to 28 U.S.C. § 636(b), and immediate review is appropriate.
Plaintiffs’ “Motion To Seal” is the second motion filed by Plaintiffs’ counsel between May
16-17, 2012. Plaintiffs’ previous “Motion To Approve Continuing Representation” (Document No.
35) was denied without prejudice on May 17, 2012, primarily because it failed to show that the
“Requirement of Consultation” had been met pursuant to the Local Rules. (Document No. 36) (“As
an initial matter, it does not appear that the instant motion has met the ‘Requirement of
Consultation’ pursuant to Local Rule 7.1(B)”).
The instant motion acknowledges the Court’s recent Order (Document No. 36); however this
motion also fails to satisfy the requirement of Local Rule 7.1(B).

IT IS, THEREFORE, ORDERED that Plaintiffs’ counsel shall file a Notice with the Court,
on or before May 25, 2012, informing the Court of Defendants’ position(s) on the pending “Motion
To Seal” (Document No. 37). Plaintiffs’ counsel is further directed to carefully review the Local
Rules of this Court prior to making any more filings in this case.
SO ORDERED.

Signed: May 18, 2012

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