Reetz v. Lowe's Companies, Inc. et al

Filing 179

ORDER granting 177 Motion to Seal Document 176 , including Exhibits 1-5, shall remain under seal until otherwise ordered by the Court. Signed by Magistrate Judge David Keesler on 1/20/21. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:18-CV-075-KDB-DCK
BENJAMIN REETZ,
Plaintiff,
v.
LOWE’S COMPANIES, INC.,
ADMINISTRATIVE COMMITTEE OF
LOWE’S COMPANIES, INC., and AON
HEWITT INVESTMENT CONSULTING, INC.
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Defendant’s Motion For Leave To File
Exhibits In Support Of Defendants’ Motions In Limine To Exclude Expert Testimony Of David
Donaldson And Attorney Marcia S. Wagner, Esq. Under Seal” (Document No. 177) filed January
19, 2021. 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 the motion is not opposed, 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. It appears that the requirements of Local Rule 6.1(c)(1) through (4) have been
adequately met.
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 For Leave To File Exhibits
In Support Of Defendants’ Motions In Limine To Exclude Expert Testimony Of David Donaldson
And Attorney Marcia S. Wagner, Esq. Under Seal” (Document No. 177) is GRANTED.
Document No. 176, including Exhibits 1-5, shall remain under seal until otherwise ordered by the
Court.
Signed: January 20, 2021

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