Philips Med. Sys. Nederland B.V. v. Tec Holdings, Inc.

Full title: PHILIPS MEDICAL SYSTEMS NEDERLAND B.V., PHILIPS NORTH AMERICA LLC, and…

Court: United States District Court, W.D. North Carolina, Charlotte Division

Date published: Feb 1, 2022

3:19-CV-373-MOC-DCK (W.D.N.C. Feb. 1, 2022)

Opinion

3:19-CV-373-MOC-DCK

02-01-2022

PHILIPS MEDICAL SYSTEMS NEDERLAND B.V., PHILIPS NORTH AMERICA LLC, and PHILIPS INDIA LTD., Plaintiffs, v. TEC HOLDINGS, INC., f/k/a TRANSTATE EQUIPMENT COMPANY, INC., TRANSTATE EQUIPMENT COMPANY, INC., f/k/a TRANSTATE HOLDINGS, INC., ROBERT ANDREW WHEELER, and PEAK TRUST COMPANY-AK, Defendants.

David C. Keesler, United States Magistrate Judge

ORDER

David C. Keesler, United States Magistrate Judge

THIS MATTER IS BEFORE THE COURT on the “Plaintiffs' Unopposed Motion To Seal” (Document No. 188) filed February 1, 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 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, Plaintiffs seek to seal “Exhibit 16 to its Brief in support of the Motion for Preliminary Injunction, as this document was produced by the parties during discovery and contains sensitive business and technical information designated as “Confidential” or “Confidential Attorneys' Eyes Only” by one or more parties pursuant to the Protective Order.” (Document No. 188, p. 2).

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 “Plaintiffs Unopposed Motion to Seal” (Document No. 188) is GRANTED. Exhibit 16 (Document No. 187) shall remain under SEAL until otherwise ordered by this Court.

SO ORDERED.