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 Defendant’s “Motion To File Defendant
Kenneth Watkins’s Sentencing Memorandum Under Seal” (Document No. 324) filed February 8,
2023. 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.
(c) Motion to Seal or Otherwise Restrict Public Access. A
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) ORDER
)
KENNETH JEROME WATKINS, )
)
Defendant. )
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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 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 Defendant’s “Motion To File Defendant Kenneth
Watkins’s Sentencing Memorandum Under Seal” (Document No. 324) is GRANTED. Document
No. 321 shall remain under SEAL until otherwise ordered by this Court.
SO ORDERED.
Signed: February 8, 2023
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