WD-I Associates LLC v. Calvert Retail LP
ORDER denying 6 Motion to Seal. Signed by Honorable Patrick Michael Duffy on 08/24/2017.(adeh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
WD-1 Associates, LLC,
Calvert Retail, L.P.,
C.A. No.: 9:17-cv-2218-PMD
This matter is before the Court on WD-1 Associates, LLC’s motion to seal (ECF No. 6).
WD-1 Associates asks the Court for permission to file a partially redacted complaint and to file,
under seal, a lease agreement that is referenced in the complaint and attached to it as an exhibit.
A party wishing to file a document under seal must first obtain this Court’s approval. See
Local Civ. Rule 5.03 (D.S.C.). WD-1 Associates did not follow that “mandatory procedure.” Id.
Instead, on August 18, 2017, it filed a partially redacted complaint that omitted the lease as an
exhibit. It then filed its motion to seal five days later. “Failure to obtain prior approval . . . shall
result in summary denial of any request or attempt to seal filed documents.” Id. Therefore, the
Court WD-1 Associates’ motion is DENIED. 1 Within five days of this order, WD-1 shall file an
unredacted copy of the complaint that includes the lease.
AND IT IS SO ORDERED.
August 24, 2017
Charleston, South Carolina
Even if Local Civil Rule 5.03 did not mandate denial, the Court would still deny WD-1 Associates’ motion.
The sole relief WD-1 Associates seeks here is a declaratory judgment regarding the parties’ rights and obligations
under the lease. WD-1 Associates wants the complaint redacted, and the lease sealed, because the lease contains a
confidentiality provision and because it purportedly contains economically sensitive information. The Court has
previously found such grounds fail to rebut the common-law presumption of public access to court proceedings. See
GDMB Operations LLC v. Grande Dunes Dev. Co., No. 2:17-cv-585-PMD, slip op. (D.S.C. Mar. 15, 2017); Higdon
v. Nestle Purina Petcare Co., No. 8:14-cv-3737-HMH, 2014 WL 12613270, at *1 (D.S.C. Oct. 10, 2014). So too
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