Citynet, LLC v. Frontier West Virginia, Inc., et al.
Filing
306
MEMORANDUM OPINION AND ORDER SEALING RESPONSE AND EXHIBITS directing that Plaintiff Citynet, LLC's Motion for Leave to File Under Seal Response in Opposition to Defendants' Second Motion for Protective Order along with attached Exhibit A be GRANTED; the Clerk shall file the Response and Exhibit A (ECF Nos. 297-1, 2) under seal; the Motion itself (ECF No. 297), should not be sealed. Signed by Magistrate Judge Cheryl A. Eifert on 4/26/2022. (cc: counsel of record; any unrepresented parties) (btm)
Case 2:14-cv-15947 Document 306 Filed 04/26/22 Page 1 of 2 PageID #: 4209
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
CITYNET, LLC, on behalf of
United States of America,
Plaintiff,
v.
Case No.: 2:14-cv-15947
FRONTIER WEST VIRGINIA, INC.,
et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
SEALING RESPONSE AND EXHIBITS
Pending before the Court is Plaintiff Citynet, LLC’S Motion for Leave to File Under
Seal, (ECF No. 297), requesting its Response in Opposition to Defendants’ Second Motion
for Protective Order along with attached Exhibit A be filed as sealed. The Court notes that
the attached Response and cited exhibit contains confidential information. Due to the
confidential nature of this information, this Court GRANTS Plaintiff’s motion to seal and
ORDERS the Clerk to seal Plaintiff’s Response and attached Exhibit A. (ECF Nos. 297-1,
2). The Motion itself, (ECF No. 297), should not be sealed.
The undersigned is cognizant of the well-established Fourth Circuit precedent
recognizing a presumption in favor of public access to judicial records. Ashcraft v.
Conoco, Inc., 218 F.3d 288 (4th Cir. 2000). As stated in Ashcraft, before sealing a
document, the Court must follow a three-step process: (1) provide public notice of the
request to seal; (2) consider less drastic alternatives to sealing the document; and (3)
provide specific reasons and factual findings supporting its decision to seal the documents
Case 2:14-cv-15947 Document 306 Filed 04/26/22 Page 2 of 2 PageID #: 4210
and for rejecting alternatives. Id. at 302. In this case, the response and attached exhibit
shall be sealed and will be designated as sealed on the Court’s docket. The Court deems
this sufficient notice to interested members of the public. The Court has considered less
drastic alternatives to sealing the documents, but in view of the nature of the information
set forth in the documents—which is information generally protected from public
release—alternatives to wholesale sealing are not feasible at this time. Accordingly, the
Court finds that sealing the response and attached exhibit does not unduly prejudice the
public’s right to access court documents. Accordingly, the Clerk is DIRECTED to file the
Response and Exhibit A (ECF No. 297-1, 2) under seal.
The Clerk is instructed to provide a copy of this Order to counsel of record and any
unrepresented parties.
ENTERED: April 26, 2022
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