USA v. Cloud et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:20-CR-385-RJC-DCK
THIS MATTER IS BEFORE THE COURT on the Government’s “Motion To Seal
Sentencing Memorandum” (Document No. 296) filed on December 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.
“Motions to seal a particular [criminal] pleading or any portion thereof and orders disposing of
such motions are governed by the requirements for sealing provided by LCvR 6.1, incorporated
herein by reference.” LCrR 49.1.1 (a).
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.
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) ORDER
)
LATISHA ANDERSON, )
)
Defendant. )
)
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(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.
By the instant motion, the Government seeks to file the “Government’s Sentencing
Memorandum” (Document No. 295) under seal. (Document No. 296). The Government contends
that this filing includes “testimony of witnesses at the trial and discusses the contents of two
exhibits used at trial” that should be sealed. Id.
Having considered LCvR 6.1(c) and LCrR 49.1.1, and the record of this case, the Court
will allow the Government’s motion. 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 LCvR 6.1(e).
IT IS, THEREFORE, ORDERED that the Government’s “Motion To Seal Sentencing
Memorandum” (Document No. 296) is GRANTED. Document No. 295 shall be SEALED and
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remain under SEAL until otherwise ordered by this Court.
SO ORDERED.
Signed: December 1, 2022
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