Gaston et al v. LexisNexis Risk Solutions, Inc. et al

Filing 142

ORDER granting 138 Motion to Seal Document (Document No. 139). Plaintiff shall file a redacted version of their Reply In Support by 8/18/2020. Signed by Magistrate Judge David Keesler on 8/13/2020. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:16-CV-009-KDB-DCK
DELORIS GASTON and LEONARD GASTON, ,
Plaintiffs,
v.
LEXISNEXIS RISK SOLUTIONS, INC., and
POLICEREPORTS.US, LLC,
Defendants.
_____________________________________________

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ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiffs’ “Motion For Leave To File
Documents Under Seal” (Document No. 138) filed August 10, 2020. 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 consent
of Defendants, 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.
Having considered the factors provided in Local Rule 6.1(c), the Court will grant the
motion to seal. The “Reply In Support Of Plaintiffs’ Motion for Summary Judgment” (Document
No. 139) may be filed under 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 Plaintiffs’ “Motion For Leave To File Documents
Under Seal” (Document No. 138) is GRANTED. The “Reply In Support Of Plaintiffs’ Motion
for Summary Judgment” (Document No. 139) shall remain under seal until otherwise ordered by
the Court.

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IT IS FURTHER ORDERED that Plaintiffs shall file a publicly available redacted
version of their “Reply In Support…” on or before August 18, 2020.

Signed: August 13, 2020

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