MORRIS ASSOCIATES v. COOLING APPLIED TECHNOLOGY

This matter is before the Court on Plaintiff's and Defendant's motions to seal various documents filed in this case [DE-51, 52, 56, 57 59]. No objections to the motions were filed and the time for response has passed. Accordingly, these matters are ripe for review.

Before granting a motion to seal, courts must first give the public notice and a reasonable opportunity to challenge the motion and then examine the public's right to access in conformity with Stone v. Univ. of Md. Med. Sys. Corp., 855 F.2d 178, 181 (4th Cir. 1988). If the court finds that the public's right to access is outweighed by another significant interest, then the court must consider whether there are less drastic alternatives to sealing. Id. In furtherance of this directive from the Court of Appeals, this Court has promulgated local rules and procedures related to the filing of sealed material. See Local Civil Rule 79.2 and Elec. Case Filing Admin. Policies and Procedures Manual, § T(1)(a)1-7 (Rev. Jan. 25, 2010). The pending motions to seal do not fully address how the requests to seal overcome the common law or First Amendment presumption to access or the reasons why alternatives to sealing are inadequate, as required by the Court's policies and procedures. See Elec. Case Filing Admin. Policies and Procedures Manual, § T(1)(a)1. Additionally, the presence of a protective order in the case does not absolve the Court of its duty to make the determinations required by Stone.

Accordingly, the motions to seal [DE-51, 52, 56, 57 59] are DENIED WITHOUT PREJUDICE. The documents shall remain SEALED for 14 days in order to allow the parties to refile their respective motions to seal in conformity with this order and the local rules and procedures of this Court.

This the 2^th day of August, 2010.