CMT USA, Inc. et al v. Apex Tool Group LLC et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:24-CV-137-RJC-DCK
THIS MATTER IS BEFORE THE COURT on “Defendants’ Motion To Seal October
30, 2024 Motion To Compel...” (Document No. 118) filed October 31, 2024. 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.
CMT USA, INC. and
CMT UTENSILI S.P.A.,
)
)
)
Plaintiffs, ) ORDER
)
v. )
)
APEX TOOL GROUP LLC and
APEX BRANDS, INC.,
)
)
)
Defendants. )
)
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(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.
LCvR 6.1. It appears that the requirements of LCvR 6.1(c)(1) through (4) have been addressed.
By the instant motion, Defendants seek to seal their entire “...Memorandum In Support Of
Defendants’ Motion To Compel... (Document No. 111) and Exhibits A, B, and C (Document Nos.
111-1, 111-2, and 111-3). (Document No. 118). Defendants contend that “[t]here is no alternative
to sealing,” but provide no explanation for why these document cannot be redacted. Id.
Having considered the factors provided in LCvR 6.1(c), and Defendants’ consent, the Court
will grant the motion to seal. However, the undersigned respectfully disagrees that there is no
alternative to sealing. It appears that all these documents could be redacted, and therefore, the
Court will direct that publicly available redacted versions be promptly filed.
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 “Defendants’ Motion To Seal October 30, 2024
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Motion To Compel...” (Document No. 118) is GRANTED. Document Nos. 111, 111-1, 111-2,
and 111-3 shall remain under SEAL until otherwise ordered by this Court.
IT IS FURTHER ORDERED that Defendants’ counsel, following consultation with
Plaintiffs’ counsel, shall file publicly available redacted versions of sealed Document Nos. 111,
111-1, 111-2, and 111-3, on or before November 8, 2024. Redactions should be applied only as
necessary.
SO ORDERED.
Signed: November 1, 2024
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