Movement Mortgage LLC v. Summit Funding, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:23-CV-633-RJC-DCK
THIS MATTER IS BEFORE THE COURT on Defendants’ “Motion To Seal Second
Declaration Of Matt Schoolfield” (Document No. 95) and Defendants’ “Consent Motion To Seal
Second Declaration Of Matt Schoolfield” (Document No. 103) filed August 27-29, 2024. These
motions have 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 consent motion to seal.
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
MOVEMENT MORTGAGE LLC, )
)
Plaintiff, ) ORDER
)
v. )
)
SUMMIT FUNDING, INC., CHRIS
SHELTON, DERAN PENNINGTON,
MATT SCHOOLFIELD, LINDA
PLYMALE, HEATHER FRYE, and
JOSH COVETT,
)
)
)
)
)
)
Defendants. )
)
Case 3:23-cv-00633-GCM-WCM Document 105 Filed 09/03/24 Page 1 of 3

2
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.
LCvR 6.1. It appears that the requirements of LCvR 6.1(c)(1) through (4) have been adequately
met.
Having considered the factors provided in LCvR 6.1(c), the Court will grant the revised
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 Defendants’ “Motion To Seal Second Declaration
Of Matt Schoolfield” (Document No. 95) is DENIED AS MOOT.
IT IS FURTHER ORDERED that Defendants’ “Consent Motion To Seal Second
Declaration Of Matt Schoolfield” (Document No. 103) is GRANTED. The “Second Declaration
Case 3:23-cv-00633-GCM-WCM Document 105 Filed 09/03/24 Page 2 of 3

3
Of Matt Schoolfield” and its Exhibits (Document No. 94) shall be SEALED and remain under
SEAL until otherwise ordered by this Court.
IT IS FURTHER ORDERED that Plaintiff shall SHOW CAUSE why Document No. 94
should not be unsealed by October 11, 2024. If Plaintiff contends any of Document No. 94 should
remain under seal, Plaintiff must include a proposed redacted version of Document No. 94 with its
filing.
SO ORDERED.
Signed: August 30, 2024
Case 3:23-cv-00633-GCM-WCM Document 105 Filed 09/03/24 Page 3 of 3