Gaston et al v. LexisNexis Risk Solutions, Inc. et al
Filing
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ORDER granting 78 Motion to Seal Affidavit of Kevin Creech. Signed by Magistrate Judge David Keesler on 12/3/2019. (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, on
behalf of themselves and all others similarly situated,
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. 78). 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 Defendants’ consent, 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)
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.
The undersigned is not convinced that Plaintiff has fully satisfied the requirements of
Local Rule 6.1(c); nevertheless, based on the parties’ Protective Order (Document No. 57), the
publicly available redacted version of the document (Document No. 77-3), and the parties’
agreement, the Court will allow Plaintiff’s request.
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. 78) is GRANTED. The “Affidavit of Kevin Creech”
(Document No. 79) shall remain under seal until otherwise ordered by the Court.
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SO ORDERED.
Signed: December 3, 2019
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