Proposed Order regarding 6 MOTION to Seal Document 5 PROPOSED SEALED Exhibit,, filed by… — Blueacorn Beringer (Dkt. 10)

Summary

A Proposed Order Granting Leave to File Under Seal, Document 10 filed 06/10/21 in Civil Action No. 5:21-cv-00251-BO, Beringer Commerce, Inc. d/b/a Blue Acorn iCi v. Fin Cap, Inc. d/b/a Blueacorn.co and other defendants, in the U.S. District Court for the Eastern District of North Carolina, Western Division. The 2-page draft would grant the plaintiff's motion to seal Exhibits F, J, L and N to its Verified Complaint. It states these exhibits are non-party consumer complaints about loan applications under the federal Paycheck Protection Act and contain sensitive financial and business information. It would find no adequate alternative to sealing, and the date and judge's signature are left blank.

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                       IN THE UNITED STATES DISTRICT COURT
                   FOR THE EASTERN DISTRICT OF NORTH CAROLINA
                                   WESTERN DIVISION
                        Civil Action No. 5:21-cv-00251-BO
                                        _______________________

 BERINGER COMMERCE, INC. d/b/a BLUE
 ACORN iCi,

                     Plaintiff,

                                  v.
                                                         PROPOSED ORDER GRANTING
 FIN CAP, INC. d/b/a “BLUEACORN.CO,”
                                                        LEAVE TO FILE UNDER TO SEAL
 BLUE ACORN PPP, LLC, BLUE OAK
 FOREST, LLC, MICHAEL S. COTA,
 JIMMY FLORES, STEPHANIE
 HOCKRIDGE REIS, and NATHAN REIS,

                       Defendants.


       Upon consideration of Plaintiff’s Motion for Leave to File Under Seal, the Court GRANTS

the motion and FINDS that Plaintiff’s request to seal has outweighed the presumption in favor of

the public’s First Amendment right of access to judicial records. The Court makes this finding

because the materials requested to be filed under seal (Exhibits F, J, L, and N to Plaintiff’s Verified

Complaint (the “Exhibits”)) consist of non-party consumer complaints regarding the non-parties’

applications for loans under the federal Paycheck Protection Act and contain sensitive financial

and business information.

       The Court has considered whether less drastic alternatives to sealing would be sufficient,

and where additional redactions would result in much of the Exhibits being useless, finds that there

are no adequate alternatives to sealing.

       Further, the filing of the instant motion has given the public adequate notice and

opportunity to challenge the request to seal.




        Case 5:21-cv-00251-BO              Document 10      Filed 06/10/21      Page 1 of 2
       For the foregoing reasons, Plaintiff’s Motion for Leave to File Under Seal is GRANTED,

and the Clerk’s Office is directed to maintain Exhibits F, J, L, and N to Plaintiff’s Verified

Complaint under seal.

       SO ORDERED, this the ___ day of June, 2021.




                                                  United States District Judge




        Case 5:21-cv-00251-BO        Document 10       Filed 06/10/21    Page 2 of 2


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