FS Medical Supplies, LLC v. TannerGAP, Inc. et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:21-cv-00501-RJC-WCM
FS MEDICAL SUPPLIES, LLC, )
)
Plaintiff, )
) 	ORDER
)
v. 	)
)
TANNERGAP, INC. and )
TANNER PHARMA UK LIMITED, )
)
Defendants. )
_____________________________________ )
This matter is before the Court on a Request to Redact Portions of the
May 16, 2023 Motions Hearing Transcript (the “Request,” Doc. 109) filed by
TannerGAP, Inc. and Tanner Pharma UK Limited (the “Tanner Defendants”).
Rule 5.2 of the Federal Rules of Civil Procedure directs that, absent a
court order, certain personal identifying information must be redacted in
filings made with the Court.
Similarly, this Court’s Administrative Procedures Governing Filing and
Service by Electronic Means (the “Administrative Procedures”) provide that,
following the filing of a transcript of a court proceeding, a party seeking the
redaction of personal identifiers must submit a request to that effect,
indicating where the personal identifiers appear in the transcript by page and
line and how they are to be redacted. Only certain personal identifiers listed
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by the Judicial Conference in its policy on the Electronic Availability of
Transcripts may be redacted using such a redaction request.
In the event a party wishes for other types of information to be redacted,
that party should request such relief by way of a motion in the ordinary course
under the Local Rules with appropriate supporting authorities. See
Administrative Procedures (“If a party wants to redact other information, that
party must move the Court for further redaction by separate motion served on
all parties and the court reporter within the 21-day period.”)
Here, the Tanner Defendants seek the redaction of information that is
outside the scope of the personal identifiers referenced by the Administrative
Procedures. However, the Request does not include a legal basis for such a
request or show consultation with opposing counsel.
Consequently, the Tanner Defendants’ Request to Redact Portions of the
May 16, 2023 Motions Hearing Transcript (Doc. 109) is DENIED WITHOUT
PREJUDICE. The Tanner Defendants may renew their request for the
transcript to be redacted, by way of an appropriate motion, filed within 14 days
of this Order. If no such motion is filed, the subject transcript (Doc. 107) will
be made electronically available to the public without redaction.
It is so ordered.
Signed: March 6, 2024
Case 3:21-cv-00501-MR-WCM Document 153 Filed 03/06/24 Page 2 of 2