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 Plaintiffs’ “Motion To Seal (Spallacci
Testimony)” (Document No. 125) filed November 14, 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. )
)
Case 3:24-cv-00137-TMR-DCK Document 128 Filed 11/15/24 Page 1 of 3

2
(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, Plaintiffs seek to seal “extensive deposition testimony from Lucia
Spallaci, CMT’s International Trademark Manager.” (Document No. 125, p. 1). Plaintiffs intend
to promptly file redacted versions of the sealed Exhibits. (Document No. 125, p. 2).
Having considered the factors provided in LCvR 6.1(c), and Defendants’ 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 “Plaintiffs’ “Motion To Seal (Spallacci
Testimony)” (Document No. 125) is GRANTED. Exhibits F and G (Document Nos. 126-1 and
126-2 shall remain under SEAL until otherwise ordered by this Court.
Case 3:24-cv-00137-TMR-DCK Document 128 Filed 11/15/24 Page 2 of 3

3
IT IS FURTHER ORDERED that Plaintiffs’ counsel shall file publicly available
redacted versions of sealed Document Nos. 126-1 and 126-2, on or before November 15, 2024.
Redactions should be applied only to the extent necessary.
SO ORDERED.
Signed: November 15, 2024
Case 3:24-cv-00137-TMR-DCK Document 128 Filed 11/15/24 Page 3 of 3