Lingerfelt v. Town of Long View

Filing 29

ORDER granting 28 Plaintiff's Motion to Seal & Motion file Without Brief. Plaintiff may file his response brief opposing Defendant's Motion for Summary Judgment (Document No. 23), including any supporting Affidavits and Exhibits, under SEAL. IT IS FURTHER ORDERED that Plaintiff shall file a publicly available redacted version of his sealed brief. Signed by Magistrate Judge David Keesler on 1/10/22. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CASE NO. 5:20-CV-053-KDB-DCK
GEORGE LANDEN LINGERFELT,
Plaintiff,
v.
TOWN OF LONG VIEW,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on the “Plaintiff’s Motion To Seal &
Motion To File Without Brief” (Document No. 28) filed January 10, 2022. 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, 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

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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.
By the instant motion, Plaintiff seeks to seal his forthcoming Brief in Opposition to
Defendant’s Motion for Summary Judgment, including any supporting Affidavits and Exhibits,
because he contends that these documents include personnel documents that North Carolina
General Statute 160A-168 requires “be kept confidential” and that “were produced pursuant to the
Consent Protective Order.” (Document No. 28, p. 3).
Having considered the factors provided in Local Rule 6.1(c), the Court will grant the
motion to 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 “Plaintiff’s Motion To Seal & Motion To File
Without Brief” (Document No. 28) is GRANTED. Plaintiff may file his response brief opposing
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Defendant’s Motion for Summary Judgment (Document No. 23), including any supporting
Affidavits and Exhibits, under SEAL.
IT IS FURTHER ORDERED that Plaintiff shall file a publicly available redacted version
of his sealed brief.
SO ORDERED.

Signed: January 10, 2022

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