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U.S. EX REL. MICHAELS v. AGAPE SENIOR COMMUNITY, INC., 0:12-cv-03466-JFA. (2015)

Court: District Court, D. South Carolina Number: infdco20150519b92 Visitors: 9
Filed: May 18, 2015
Latest Update: May 18, 2015
Summary: ORDER JOSEPH F. ANDERSON, Jr. , District Judge . This matter comes before the Court on the United States' motion to file under seal the United States' Response to Defendants' Motion to Enforce Settlement Agreement and Dismiss with Prejudice as to the United States (the "United States' Response"). The Defendants' Motion detailed a proposed settlement agreement, which has not been made public and will not be made public until such settlement agreement is consummated. For the reasons the Cour
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ORDER

This matter comes before the Court on the United States' motion to file under seal the United States' Response to Defendants' Motion to Enforce Settlement Agreement and Dismiss with Prejudice as to the United States (the "United States' Response"). The Defendants' Motion detailed a proposed settlement agreement, which has not been made public and will not be made public until such settlement agreement is consummated.

For the reasons the Court allowed the Defendants to file its motion under seal, the Court grants the United States' motion to seal its response, ECF No. 274. Parties are entitled to conduct negotiations in confidence. Confidential information appears throughout the Defendants' Motion and the United States' Response—rendering redaction impractical. Further, the Defendants' Motion and the United States' Response and the attachments do not relate to any historical public event; therefore, there is no question of whether the release of the sealed documents would enhance the public's understanding of an important historical event. Finally, cases in which sealing has been denied have involved strong public interest; however, no such countervailing public interest outweighs the interest of the parties in the confidentiality of their negotiations.

Public notice of the request to seal and opportunity to object is afforded by virtue of the publicly filed motion to seal. No objections have been filed to the motion to seal. Accordingly, the Court finds persuasive the arguments of the Government in favor of sealing the document. The confidential nature of the status of settlement in the documents at issue requires that the United States' Response be sealed.

IT IS SO ORDERED.

Source:  Leagle

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