Rink v. VICOF II Trust

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION CIVIL ACTION NO. 5:20-CV-00039-KDB

MICHAEL RINK,

Plaintiffs,

v. ORDER

VICOF II TRUST,

Defendants.

THIS MATTER is before the Court on Plaintiff’s Motion to Seal. (Doc. No. 96). For the reasons briefly discussed below, the Court will DENY the Motion as moot. Plaintiff seeks to file its third Motion in Limine, Doc. No. 97, under seal because it “describes and contains material the Estate has designated ‘Confidential’ under the Protective Order.” Id. However, the information Plaintiff seeks to protect is already in the public record due to its inclusion in Defendant’s Response to Plaintiff’s Motion for Summary Judgment. (See Doc. No. 63). Therefore, the Motion is moot and will be denied.1 I. ORDER NOW THEREFORE IT IS ORDERED THAT Plaintiff’s Motion to Seal, (Doc. No. 96), is DENIED as moot.

1 In any event, Plaintiff’s bare-bones Motion is insufficient to meet the heavy burden under the First Amendment to limit the public’s right of access. See Duke Energy Carolinas, LLC v. NTE Carolinas II, LLC, No. 3:19-CV-00515-KDB-DSC, 2022 U.S. Dist. LEXIS 69398 (W.D.N.C. Apr. 14, 2022). SO ORDERED ADJUDGED AND DECREED.

Signed: April 20, 2022

Kenneth D. Bell Uy, United States District Judge % it of