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 Reply
Brief And Associated Exhibit...” (Document No. 132) filed November 20, 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 “Defendants’ Reply in Support of Their
Motion to Compel Plaintiffs to Provide a Competent 30(B)(6) Witness or Supplemental Answer
to Interrogatory 13 for Information Relating to Enforcement Activity (the “Reply”), and the
associated Exhibit B.” (Document No. 132, p. 1).
Having considered the factors provided in LCvR 6.1(c), and noting Plaintiffs’ consent, 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 “Defendants’ Moton To Seal Reply Brief And
Associated Exhibit...” (Document No. 132) is GRANTED. Document Nos. 131 and 131-2 shall
be SEALED and remain under SEAL until otherwise ordered by this Court.
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IT IS FURTHER ORDERED that Defendants’ counsel shall file publicly available
redacted versions of sealed Document Nos. 131 and 131-2, on or before November 25, 2024.
Redactions should be applied only to the extent necessary.
SO ORDERED.
Signed: November 21, 2024
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