U.S. TOBACCO INC. v. BIG SOUTH WHOLESALE OF VIRGINIA, LLC, 5:13-CV-527-F. (2017)
Court: District Court, E.D. North Carolina
Number: infdco20170307b61
Visitors: 9
Filed: Mar. 06, 2017
Latest Update: Mar. 06, 2017
Summary: ORDER JAMES C. FOX , District Judge . This matter is before the court on the ex parte motion [DE-732, -734] of proposed intervenor John Doe. Plaintiffs object to ex parte consideration of the motion. [DE-735]. The court declines to consider this matter ex parte. Accordingly, the motion at docket entry 734 is DENIED without prejudice, and the movant need not serve the motion or accompanying documents on the parties. The. Clerk of Court is DIRECTED to strike from the record the following doc
Summary: ORDER JAMES C. FOX , District Judge . This matter is before the court on the ex parte motion [DE-732, -734] of proposed intervenor John Doe. Plaintiffs object to ex parte consideration of the motion. [DE-735]. The court declines to consider this matter ex parte. Accordingly, the motion at docket entry 734 is DENIED without prejudice, and the movant need not serve the motion or accompanying documents on the parties. The. Clerk of Court is DIRECTED to strike from the record the following docu..
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ORDER
JAMES C. FOX, District Judge.
This matter is before the court on the ex parte motion [DE-732, -734] of proposed intervenor John Doe. Plaintiffs object to ex parte consideration of the motion. [DE-735].
The court declines to consider this matter ex parte. Accordingly, the motion at docket entry 734 is DENIED without prejudice, and the movant need not serve the motion or accompanying documents on the parties. The. Clerk of Court is DIRECTED to strike from the record the following documents related to the ex parte motion: the documents at docket entries 732, 734, 735, 737, and 740. John Doe may refile his motion if he so chooses, in accordance with the local rules of this district, including utilizing the district's procedures for filing documents under seal if appropriate.
As the court declines to consider John Doe's documents, there is no presumption of public access to them.1 Accordingly, the accompanying motions to seal [DE-733, -738] are ALLOWED. The Clerk of Court is DIRECTED to maintain the stricken docket entries under seal. This seal will remain in place until further notice by the court, notwithstanding any previously entered unsealing orders in this case.
SO ORDERED.
FootNotes
1. See In re U.S.for an Order Pursuant to 18 U.S.C. Section 2703(D), 707 F.3d 283, 290 (4th Cir. 2013) (noting that a right of access attaches only to judicial records, documents that "play a role in the adjudicative process, or adjudicate substantive rights").
Source: Leagle
