Order — No. 3:20-cr-00435 (Dkt. 191, W.D.N.C.)

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An order in United States v. Izzat Freitekh, Case No. 3:20-CR-435-FDW-DCK, in the U.S. District Court for the Western District of North Carolina, Charlotte Division, filed February 16, 2023 as Document 191 (2 pages), signed February 15, 2023 by the Magistrate Judge. It grants the defendant's Motion To File Under Seal (Document No. 189) filed February 15, 2023, applying Local Civil Rule 6.1 and finding that the requirements of LCvR 6.1(c)(1) through (4) have been adequately met. Document No. 190, the defendant's Unopposed Motion To Extend Surrender Date, remains under seal until otherwise ordered.

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                      IN THE UNITED STATES DISTRICT COURT
                 FOR THE WESTERN DISTRICT OF NORTH CAROLINA
                              CHARLOTTE DIVISION
                           CASE NO. 3:20-CR-435-FDW-DCK

 UNITED STATES OF AMERICA,                              )
                                                        )
                      Plaintiff,                        )
                                                        )
    v.                                                  )                  ORDER
                                                        )
 IZZAT FREITEKH,                                        )
                                                        )
                      Defendant.                        )


         THIS MATTER IS BEFORE THE COURT on Defendant’s “Motion To File Under

Seal” (Document No. 189) filed February 15, 2023. This motion has been referred to the

undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is

appropriate. Having carefully considered the motion and the record, the undersigned will grant

the motion.

         A party who seeks to seal any pleading must comply with the Local Rules of this Court.

Local Civil Rule (“LCvR”) 6.1 provides in relevant part as follows:

         LCvR. 6.1     SEALED FILINGS AND PUBLIC ACCESS.

                (a)     Scope of Rule. To further openness in civil case
                proceedings, there is a presumption under applicable common law
                and the First Amendment that materials filed in this Court will be
                filed unsealed. This Rule governs any party’s request to seal, or
                otherwise restrict public access to, any materials filed with the Court
                or used in connection with judicial decision- making. As used in
                this Rule, “materials” includes pleadings and documents of any
                nature and in any medium or format.

                (b)    Filing under Seal. No materials may be filed under seal
                except by Court order, pursuant to a statute, or in accordance with a
                previously entered Rule 26(e) protective order.

                (c)    Motion to Seal or Otherwise Restrict Public Access. A



     Case 3:20-cr-00435-FDW-DCK Document 191 Filed 02/16/23 Page 1 of 2
               party’s request to file materials under seal must be made by formal
               motion, separate from the motion or other pleading sought to be
               sealed, pursuant to LCvR 7.1. Such motion must be filed
               electronically under the designation “Motion to Seal.” The motion
               must set forth:

                         (1)     A non-confidential description of the
                         material sought to be sealed;
                         (2)     A statement indicating why sealing is
                         necessary and why there are no alternatives to filing
                         under seal;
                         (3)     Unless permanent sealing is sought, a
                         statement indicating how long the party seeks to have
                         the material maintained under seal and how the
                         matter is to be handled upon unsealing; and
                         (4)     Supporting statutes, case law, or other
                         authority.

LCvR 6.1. It appears that the requirements of LCvR 6.1(c)(1) through (4) have been adequately

met.

        By the instant motion, Defendant seeks to seal “Izzat Freitekh’s Unopposed Motion To

Extend Surrender Date” (Document No. 190) because he argues that it “consist[s] of his and his

family’s medical records.” (Document No. 189).

        Having considered the factors provided in LCvR 6.1(c), the Court will grant the motion to

seal. Noting that the time for public response has not run to this motion, the Court will consider

any objection to this Order from non-parties as an objection to the motion, requiring no additional

burden for any non-party under the Federal Rules of Civil Procedure. See Local Rule 6.1(e).

        IT IS, THEREFORE, ORDERED that Defendant’s “Motion To File Under Seal”

(Document No. 189) is GRANTED. Document No. 190 shall remain under SEAL until otherwise

ordered by this Court.               Signed: February 15, 2023

        SO ORDERED.




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       Case 3:20-cr-00435-FDW-DCK Document 191 Filed 02/16/23 Page 2 of 2


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