Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 3:01-cv-02402-AWT

Document 68

Filed 08/03/2006

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT PETER D. MAINS and LORI M. MAINS Plaintiffs, vs. SEA RAY BOATS, INC. Defendant. : CASE NO. 301 CV 2402 (AWT) : : : : : : : : AUGUST 1, 2006

MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL The Plaintiffs, Peter D. Mains and Lori M. Mains, in the above captioned action, by their attorney John L. Senning, pursuant to Local Rule 5 (d) of this Court, move this Court for leave to file a document under seal. The document in question sought to be filed under seal pursuant to a Stipulation Regarding Confidentiality entered into between the parties by their respective counsel is Schedule A to Exhibit C of the Plaintiffs' Motion for Order Compelling Disclosure or Discovery which Motion is being filed contemporaneously herewith. As part of such filing Schedule A to Exhibit C is being filed electronically in redacted form

Case 3:01-cv-02402-AWT

Document 68

Filed 08/03/2006

Page 2 of 3

with a separate hard disc copy of said Schedule being fileD with the Clerk of this Court. The Plaintiffs, without prejudice, and the Defendant in this action consider the material in Schedule A to constitute "Confidential Material" as that term is defined in the Stipulation Regarding Confidentiality. The Stipulation Regarding Confidentiality, by its express terms, permitted, inter alia, disclosure of "Confidential Material" to the Court (paragraph 3e). However, paragraph 9 of same provided that "no Confidential Material shall be filed in the public record of this action." That paragraph further provided: "The parties explicitly agree that it is necessary to file Confidential Material under seal to preserve the right of [the Defendant] to maintain confidentiality of its proprietary information and that this right overrides the public's interest in viewing such materials". Plaintiffs' counsel has discussed the substance of this Motion with Counsel for the Defendant who supports this Motion as being in furtherance of the Stipulation Regarding Confidentiality and the purpose of maintaining the confidentiality of the Defendant's proprietary information.

Case 3:01-cv-02402-AWT

Document 68

Filed 08/03/2006

Page 3 of 3

Plaintiffs submit that filing of the document under seal for the exclusive review and consideration of the material contained therein by the Court is necessary for the Court's full review and consideration of the Plaintiffs' Motion for Order Compelling Disclosure or Discovery. WHEREFORE, it is respectfully moved that this Court grant the Plaintiffs' Motion for leave to file document under seal and that Schedule A to Exhibit C of the Plaintiffs' Motion for Order Compelling Disclosure or Discovery be allowed to be filed under seal pursuant to Local Rule 5 (d). THE PLAINTIFFS PETER D. MAINS and LORI M. MAINS

/s/ John L. Senning ct05807 The Essex Law Group 18 Saybrook Road, Essex, CT 06426 Phone: (860) 767-2618 Fax: (860)767-2740 Email: [email protected] Their Attorney