Parke Poe Christopher M. Thomas Atlanta, GA Partner Charleston, SC Telephone: 919.828.0564 Charlotte, NC Direct Fax: 919.834.4564 Columbia, SC christhomas@parkerpoe.com Greenville, SC Raleigh, NC Spartanburg, SC November 30, 2017 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. 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 (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. 5.2(a) requires that ?[u]nless the court orders othenlvise, . . . 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. which provides that 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 Parker Poe Adams 8.: Bernstein LLP ngwg?ttejlle grif?dsirti a} @x 389 Raleigh, NC 27602-0389 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 forward to your response. Very truly yours, ls/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. Case 5:17-cv-00534-H Document 7 Filed 11/30/17 Page 2 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 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 30th day of November, 2017. 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 3969376?