IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

SHERMAN DIVISION

FFWCT, LLC’S, USA FLAG, LLC’S, AND TRAVIS BURNETT’S MOTION TO SEAL 

DOCUMENTS DESIGNATED AS CONFIDENTIAL OR ATTORNEYS’ EYES ONLY

Pursuant to Local Rule CV-5(a)(7), FFWCT, LLC, USA Flag, LLC, and Travis Burnett 

(the FFWCT Parties”) move for leave to file under seal two exhibits in connection with their Reply 

in support of the FFWCT Parties’ Motion for Partial Summary Judgment on USA Football’s Claim 

for Damages in Civil Action No. 4:23-cv-00516-ALM. Both of these documents has been 

designated as Confidential or Attorneys Eyes Only by one or more parties or a non-party to this 

matter, pursuant to the Protective Order (Dkt. 21).

The documents to be filed under seal are referenced in the Declaration of Mark D. Nielsen, 

filed concurrently herewith (“Nielsen Decl.”), and include:

1. Exhibit 3 to the Nielsen Decl. – Excerpts from the deposition transcript of Charles 

Davis, which have been designated either Confidential or Attorneys Eyes Only by the FFWCT 

Parties. 

2. Exhibit 4 to the Nielsen Decl. – Excerpts from the deposition transcript of Travis 

Burnett, which have been designated either Confidential or Attorneys Eyes Only by the FFWCT 

FFWCT, LLC; USA FLAG, LLC; AND 

TRAVIS BURNETT,

Plaintiffs,

v.

USA FOOTBALL, INC.,

Defendant.

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Civil Action Nos. 4:23-cv-00465-ALM 

and 4:23-cv-00516-ALM

Case 4:23-cv-00465-ALM Document 77 Filed 06/28/24 Page 1 of 4 PageID #: 2889
Parties.

Accordingly, in compliance with Local Rule CV-5(a)(7)(E) requiring sealing of 

“information that has been designated as confidential or proprietary under a protective order,” the 

FFWCT Parties respectfully request that these documents be sealed and admitted into evidence 

with their Reply in support of the FFWCT Parties’ Motion for Partial Summary Judgment on USA

Football’s Claim for Damages.

The FFWCT Parties further respectfully request that if for any reason any portion of this 

Motion is denied, the Court not strike the documents (as contemplated by Local Rule CV5(a)(7)(E)), but instead allow them to appear on the docket unsealed.

Respectfully submitted,

SCHEEF & STONE, L.L.P.

Date: June 28, 2024 /s/ Mark D. Nielsen

Mark D. Nielsen 

Texas Bar No. 24062361

Mark.Nielsen@solidcounsel.com

Bryan Haynes

Texas Bar No. 09283520

Bryan.Haynes@solidcounsel.com

2600 Network Blvd., Suite 400

Frisco, Texas 75034

(214) 472-2100 Telephone

(214) 472-2150 Fax

Michael C. Smith

Texas Bar No. 18650410

Michael.Smith@solidcounsel.com

113 East Austin Street

Marshall, Texas 75670

(903) 938-8900 Telephone

ATTORNEYS FOR FFWCT, LLC, USA 

FLAG, LLC, AND TRAVIS BURNETT

Case 4:23-cv-00465-ALM Document 77 Filed 06/28/24 Page 2 of 4 PageID #: 2890
CERTIFICATE OF SERVICE

I HEREBY CERTIFY, that on June 28, 2024, a true and correct copy of the foregoing was 

electronically filed with the Court using the ECF system, which will send a notification of the 

filing via electronic mail to all counsel of record.

/s/ Mark D. Nielsen

Mark D. Nielsen 

Case 4:23-cv-00465-ALM Document 77 Filed 06/28/24 Page 3 of 4 PageID #: 2891
1

Respectfully submitted,

SCHEEF & STONE, L.L.P.

Date: June 28, 2024 /s/ Mark D. Nielsen

Mark D. Nielsen 

Texas Bar No. 24062361

Mark.Nielsen@solidcounsel.com

Bryan Haynes

Texas Bar No. 09283520

Bryan.Haynes@solidcounsel.com

2600 Network Blvd., Suite 400

Frisco, Texas 75034

(214) 472-2100 Telephone

(214) 472-2150 Fax

Michael C. Smith

Texas Bar No. 18650410

Michael.Smith@solidcounsel.com

113 East Austin Street

Marshall, Texas 75670

(903) 938-8900 Telephone

ATTORNEYS FOR PLAINTIFFS 

FFWCT, LLC, USA FLAG, LLC, AND 

TRAVIS BURNETT

CERTIFICATE OF SERVICE

I HEREBY CERTIFY, that on June 28, 2024, a true and correct copy of the foregoing was 

electronically filed with the Court using the ECF system, which will send a notification of the 

filing via electronic mail to all counsel of record.

/s/ Mark D. Nielsen

Mark D. Nielsen 

Case 4:23-cv-00465-ALM Document 77 Filed 06/28/24 Page 4 of 4 PageID #: 2892