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

Filing 225

ORDER re 219 Consent Order for Modified Sealing Procedure for Filing Documents in Connection with Trial Briefing. Signed by Magistrate Judge David Keesler on 5/28/21. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CASE 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 the parties’ proposed “Consent Order
For Modified Sealing Procedure For Filing Documents In Connection With Trial Briefing”
(Document No. 219) filed May 27, 2021. The proposed order 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 proposed consent order and the record, and in consultation with Judge
Bell’s chambers, the undersigned will allow the proposed order.
WHEREAS Plaintiff Benjamin Reetz, Defendants Lowe’s Companies, Inc. and the
Administrative Committee of Lowe’s Companies, Inc., and Defendant Aon Hewitt Investment
Consulting, Inc. (together, the “Parties”) collectively believe that the Parties will be citing to
information designated as “Confidential” or “Highly Confidential” under the Consent Protective
Order (Document No. 68) (“Protective Order”) with their proposed findings of fact and
conclusions of law and pre-trial brief on May 28, 2021.

WHEREAS the Parties seek an order stating that any Party or non-Party wanting to
permanently seal any of their “Confidential” or “Highly Confidential” information under the
Protective Order filed in any Party’s trial briefing may move the Court to do so in compliance with
applicable case law and the relevant provisions of the Local Rules and the Protective Order by July
30, 2021; and any Party wishing to object or otherwise respond to another Party’s or non-Party’s
motion to seal may do so by August 6, 2021.
THEREFORE, it is hereby stipulated among the Parties and ordered that all documents
containing any Party’s or non-Party’s information designated as “Confidential” or “Highly
Confidential” under the Protective Order and filed in connection with the Parties’ proposed
findings of fact and conclusions of law and pre-trial briefs be filed provisionally under seal; any
Party or non-Party wishing to permanently seal any of their “Confidential” or “Highly
Confidential” information filed in any Party’s proposed findings of fact and conclusions of law or
pre-trial brief do so in compliance with applicable case law and the relevant provisions of the Local
Rules and the Protective Order by July 30, 2021; and any Party or non-Party wishing to object or
otherwise respond to another Party’s or non-Party’s motion to seal may do so by August 6, 2021.
SO ORDERED.
Signed: May 28, 2021

Dated: May 27, 2021

Respectfully submitted,

/s/ Kai H. Richter
Kai H. Richter*
Paul J. Lukas*
Brock J. Specht*
Mark E. Thomson*
Patricia C. Dana*
NICHOLS KASTER, PLLP
4700 IDS Center
80 South 8th St.
Minneapolis, MN 55402
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
*Appearing pro hac vice

/s/ Lars C. Golumbic
Lars C. Golumbic*
Sean C. Abouchedid*
Andrew Salek-Raham*
GROOM LAW GROUP, CHARTERED
1701 Pennsylvania Ave., NW
Washington, DC 20006
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
*Appearing pro hac vice

F. Hill Allen, IV
THARRINGTON SMITH, LLP
P.O. Box 1151
150 Fayetteville St.
Raleigh, NC 27602
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiffs

Mark Andrew Nebrig
MOORE & VAN ALLEN PLLC
100 N. Tryon St. Ste. 4700
Charlotte, NC 28202
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Lowe’s Companies, Inc. and
the Administrative Committee of Lowe’s
Companies, Inc.
/s/ Jeffrey A .N. Kopczynski
Brian Boyle*
Shannon M. Barrett*
Deanna M. Rice*
O’MELVENY & MYERS LLP
1625 Eye St., NW
Washington, DC 20006
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Stuart M. Sarnoff*
Edward Moss*
Jeffrey A. N. Kopczynski*
William Pollak*

Laura Aronsson*
O’MELVENY & MYERS LLP
Times Square Tower
7 Times Square
New York, NY 10036
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
*Appearing pro hac vice
Michael G. Adams
Nicholas H. Lee
PARKER, POE, ADAMS & BERNSTEIN
401 South Tryon St., Suite 3000
Charlotte, NC 28202
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Aon Hewitt Investment
Consulting, Inc.

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