Court to Nix Dix Pix ?
We may have a clearer picture of the skirmish over the plaintiff’s motion to pull the defendants’ phone and email records from Verizon.
The defense objected, citing privacy, and asked for all related documents to remain sealed. Yesterday, Judge Brook Hedge sided with the defense and ruled they will stay locked up “until further order by the Court.”
She then asked for something in return:
ORDERED that the parties should submit a public record filing discussing in general terms what is contained in the sealed materials such that the public record is complete, whenever a sealed filing is submitted.
So it appears there is more to come and the picture could get clearer still.
Hedge’s two-page order is cryptic and perhaps the larger issue may have to do less with phone records and more with email, specifically, attachments. The Judge makes special mention of those.
What could possibly be in any of those email attachments that is so sensitive? The order follows.
Law jocks may note Judge Hedge’s specific mention that the plaintiff’s request did not come in under Rule 34 (as opposed to Rule 28?). Hopefully they can explain this particular point to the larger audience.
Also, as our in-house counsel notes, Hedge may be inclined for these early motions and proceedings to be played out in public as much as possible:
“I read Judge Hedge’s order as saying that any time a party files a sealed document (or a motion to seal the document), they need to file at the same time a public filing that explains the nature of the filing they seek to protect.
I am hoping this means that Judge Hedge recognizes that there is a long tradition that parties who avail themselves of the public court system should expect they will have to do so publicly. If the parties want to do things under the radar, they should hire a mediator or arbitrator.”
We certainly hope as little information as possible gets nixed.
–posted by Craig
Ed Note: We had planned on screening Joe Price’s police interview from the night of Robert’s murder today. We’ll probably have that Thursday or Friday. News comes first.