throbber
Christopher M. Thomas
`Partner
`
`Telephone: 919.828.0564
`Direct Fax: 919.834.4564
`
`christhomas@parkerpoe.com
`
`d2
`Parker Poe
`
`November 30, 2017
`
`Atlanta, GA
`Charleston, SC
`
`Charlotte, NC
`Columbia, SC
`
`Greenville, 30
`Raleigh, NC
`Spartanburg, SC
`
`Peter A. Moore, Clerk of Court
`United States District Court
`
`201 South Evans Street, Room 209
`Greenville, North Carolina 27858
`
`Re:
`
`Epic Games, Inc. v. C.R.
`5:17-cv-534-H
`
`Dear Mr. Moore:
`
`I am counsel of record for Plaintiff Epic Games,
`
`Inc.
`
`(“Epic”)
`
`in the above—
`
`referenced civil action. Thank you for filing the unsigned ex parte correspondence from
`
`the Defendant’s mother in the docket [DE-6] (the “Letter”). Unless otherwise directed by
`
`the Court, Epic does not plan to file a substantive response to the Letter at this time.
`
`We note that the Letter states that Defendant is a minor. Fed. R. Civ. P 5.2(a)
`requires that “[u]nless the court orders otherwise, .
`.
`. in an electronic or paper filing with
`the court that contains .
`.
`.
`. the name of an individual known to be a minor. .
`.
`, a party
`or nonparty making the filing may include only: .
`.
`. (3) the minor's initials .
`.
`.” Id.
`(emphasis added.) Local Civil Rule 17.1(c) provides that “all parties to any litigation in
`which a minor is a party. .
`. shall redact the minor child’s name from all documents filed
`with the court.
`If the name of the minor must be included in a document, including the
`caption, only the initials of the child should be used.” Id.
`
`We did not violate Rule 5.2(a) or Local Civil Rule 17.2 because we did not know
`when we filed the papers that Defendant is a minor. Although there is an argument that
`by submitting the Letter to the Court containing Defendant’s name and address,
`Defendant’s mother waived this protection under Fed. R. Civ. P 5.2(h), which provides
`that “[a] person waives the protection of Rule 5.2(a) as to the person’s own information
`by filing it without redaction and not under seal," we plan to include only Defendant’s
`initials or redact his name entirely in all future filings with the Court, including this letter.
`
`This letter is to request the Court’s guidance on whether the Court would like us
`to file a motion to seal the papers currently on the docket that include Defendant’s full
`
`PPAB 3969376v1
`
`Case 5:17-cv-00534-H Document 7 Filed 11/30/17 Page 1 of 3
`Parker Poe Adams & Bernstein LLP GWyWSQWg%g%_§?C Wgfifgfitteyflle ifirfigdsiiti[1%lia’elgWééOl 85f @x 389 Raleigh. NC 27602—0389
`www.parkerpoe.com
`
`
`
`
`
`
`
`

`

`
`
`
`E
`
`E
`
`
`
`
`Peter A. Moore, Clerk of Court
`November 30, 2017
`Page 2
`
`name, re-file versions of those papers with Defendant’ 3 name redacted, or take any
`other remedial action.
`
`We look toward to your response.
`
`Very truly yours,
`
`/s/Christopher M. Thomas
`N.C. Bar No. 31834
`
`christhomas@parkerpoe.com
`PNC Plaza
`
`301 Fayetteville Street, Suite 1400 (27601)
`PO. Box 389
`
`Raleigh, North Carolina 27602-0389
`Telephone:
`(919) 835—4626
`Facsimile:
`(919) 834-4564
`
`Attorney for Plaintiff Epic Games, Inc.
`
`CMTzkt
`
`Case 5:17-cv-00534-H Document 7 Filed 11/30/17 Page 2 of 3
`Case 5:17-cv-00534-H Document 7 Filed 11/30/17 Page 2 01P§AB 3969376“
`
`

`

`CERTIFICATE OF SERVICE
`
`This is to certify that a copy of the foregoing document was electronically filed
`
`this day with the Clerk of Court using the CM/ECF system and a true and accurate copy
`
`will be sent by US. mail addressed to the following:
`
`C.R.
`
`c/o Lauren Rogers
`5 Vireo Circle
`
`Newark, DE 19711
`
`This 30‘“ day of November, 2017.
`
`ls/ Christopher M. Thomas
`Christopher M. Thomas
`N.C. Bar No. 31834
`
`christhomas@parkerpoe.com
`PARKER POE ADAMS & BERNSTEIN LLP
`
`301 Fayetteville Street, Suite 1400 (27601)
`PO. Box 389
`
`Raleigh, NC 27602—0389
`Telephone:
`(919) 828-0564
`Facsimile:
`(919) 834-4564
`Attorney for Plaintiff Epic Games, Inc.
`
`Case 5:17-cv-00534-H Document 7 Filed 11/30/17 Page 3 of 3
`Case 5:17-cv-00534-H Document 7 Filed 11/30/17 Page 3 ofP§AB 3969376“
`
`
`
`
`
`
` «.smwmwwm,N.WNWMguru.«Maw9”
`
`

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