Rink v. Wells Fargo Bank, NA.

Filing 115

ORDER re: 114 Excerpts of Deposition Testimony. Plaintiff has failed to make a request to file materials under seal, the Court orders that Doc. 14 be unsealed on 5/11/22 in the absence of an order permitting the filing to be made under seal or the filing of a proper motion requesting such an order. Signed by District Judge Kenneth D. Bell on 5/8/2022. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:20-CV-00039-KDB
MICHAEL RINK,
Plaintiff,
v.

ORDER

VICOF II TRUST,
Defendant.

THIS MATTER is before the Court on its own motion to address Plaintiff’s improper
filing under seal of excerpts of testimony of VICOF II Trust (Joseph McCray) (Doc. No. 114).
Pursuant to Local Rule 6.1(b) “no materials may be filed under seal except by Court order, pursuant
to statute, or in accordance with a previously entered Rule 26(e) protective order.” LCvR 6.1. Not
only has no order been entered permitting Plaintiff to file this document under seal, Plaintiff has
failed to make a request to file materials under seal, which must be made by formal motion
pursuant to LCvR 7.1. See LCvR 6.1(c). Accordingly, the Court orders that the excerpts of
testimony of VICOF II Trust (Joseph McCray) (Doc. No. 114) be unsealed on May 11, 2022 in
the absence of an order permitting the filing to be made under seal or the filing of a proper motion
requesting such an order.1

The Court notes the heavy burden under the First Amendment to limit the public’s right of access
that Plaintiff must meet to be successful in a motion to seal trial evidence. See Duke Energy
Carolinas, LLC v. NTE Carolinas II, LLC, No. 3:19-CV-00515-KDB-DSC, 2022 U.S. Dist.
LEXIS 69398 (W.D.N.C. Apr. 14, 2022).
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Case 5:20-cv-00039-KDB Document 115 Filed 05/09/22 Page 1 of 2

SO ORDERED ADJUDGED AND DECREED.

Signed: May 8, 2022

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Case 5:20-cv-00039-KDB Document 115 Filed 05/09/22 Page 2 of 2