Cincinnati Insurance Company v. Crossman Communities of North Carolina Inc et al

Filing 378

ORDER SEALING CERTAIN EXHIBITS AND ATTACHMENT A TO BEAZER'S MOTION TO REDACT TRIAL TRANSCRIPT. Signed by the Honorable R Bryan Harwell on 1/15/2014. (hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

Crossmann Communities of North Carolina, )
Inc.; Crossmann Communities, Inc.;
)
Beazer Homes Investment Corporation,
)
and Beazer Homes Corp.,
)
)
Plaintiff,
)
)
v.
)
)
Harleysville Mutual Insurance Company, )
)
Defendant.
)
____________________________________)

Civil Action No.: 4:09-cv-1379-RBH

ORDER SEALING
CERTAIN EXHIBITS
AND ATTACHMENT A
TO BEAZER’S MOTION TO
REDACT TRIAL TRANSCRIPT

This matter comes before the court on the motion of Crossman Communities of North Carolina,
Inc.;

Crossmann Communities, Inc.; Beazer Homes Investment Corporation; Beazer Homes

Corporation (“Beazer”) to seal Attachment A to Beazer’s [377] Motion to Redact the August 13, 2013
Trial Transcript. [ECF No. 376]. The motion indicates that counsel for Beazer contacted opposing
counsel and that no objections were received.
The Court previously granted, on a temporary basis, the parties’ Joint Motion to seal [ECF No.
345] certain confidential settlement agreements which were introduced as exhibits at trial. In
accordance with In re Knight Publishing Company, 743 F.2d 231 (4th Cir. 1984), the court granted the
foregoing motion to seal on a temporary basis. Because In re Knight requires the court to provide
public notice of a party’s request to seal and allow interested parties an opportunity to object, the order
provided that any interested party who wished to object to the permanent sealing of the documents at
issue might file a notice of appearance and state its objections by August 23, 2013. No objections were
filed with the court. The Court accordingly converts the temporary order into a permanent order to seal
the exhibits.

Beazer now requests that, for the same reasons stated in the Joint Motion to Seal [ECF No. 345],
the names of the entities entering into the confidential settlements be redacted from the trial transcript
and thus sealed. The Court finds the request appropriate and has reviewed in camera Attachment A
to the Motion to Redact. The Court further finds it is not necessary to provide the public with
additional notice of this motion because it relates to the same information covered by the previous
motion to which no objections were filed. The Court therefore grants [376] Motion to Seal Attachment
A to Beazer’s Motion to Redact the August 13, 2013 Trial Transcript.
IT IS SO ORDERED.
January 15, 2014
Florence, SC

s/R. Bryan Harwell
United States District Judge