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Lugosch v. Congel

February 9, 2006

J. DANIEL LUGOSCH, III; ROBERT L. UNGERER; JOHN A. BERSANI; EDWARD A. KELLOGG; JOHN C. CHARTERS; PETER C. STEINGRABER; RICHARD K. ASKIN; WILLIAM TAPELLA, PLAINTIFFS
v.
ROBERT J. CONGEL, INDIVIDUALLY AND AS GENERAL PARTNER OF WOODCHUCK HILL ASSOC., RIESLING ASSOC., MADEIRA ASSOC., AND MOSELLE ASSOC.; PYRAMID COMPANY OF ONONDAGA; EKLECCO, L.L.C.; WOODCHUCK HILL ASSOC.; RIESLING ASSOC.; MADEIRA ASSOC.; MOSELLE ASSOC. JAMES A. TUOZZOLO; ROBERT BRVENIK; MARC A. MALFITANO; SCOTT R. CONGEL, DEFENDANTS.
IN RE THE HERALD COMPANY AND CAPITAL NEWSPAPERS DIVISION OF THE HEARST CORPORATION, PROPOSED INTERVENORS.



The opinion of the court was delivered by: Randolph F. Treece U.S. Magistrate Judge

ORDER

On February 9, 2006, this Court held a Hearing in this matter on the record to address the provisional sealing of certain documents in connection with the Proposed Intervenors' Motion to Intervene, which was referred to this Court by the Honorable Norman A. Mordue. The documents at issue during this Hearing were:

a) Plaintiff's Memorandum of Law in Opposition to (1) Defendants' Claim of Privilege, and/or Work Product Protection over the Subject Documents, and (2) Defendants' Motion to Strike the Subject Documents Based Upon Inadmissibility;

b) Declaration of Jeffrey S. Shelly, Esq., with Exhibits 1-12;

c) Defendants' Memorandum of Law in Support of the Continued Sealing of the Documents Identified in Defendants' Log of Privileged Materials;

d) Declaration of James Tuozzolo;

e) Declaration of Michael P. Shanley; and

f) Declaration of Marc Malfitano.

Each of the above documents were either filed under seal or submitted to the Court for in camera review in accordance with this Court's January 20th and 30th, 2006 Orders. Dkt. Nos. 430 & 440. After reviewing the above documents and having heard all parties and Proposed Intervenors on the matter, the Court finds that some of the information contained in the above documents should be made available for public review. In accordance with In re New York Times Co., 828 F.2d 110, this Court made "specific, on the record findings . . . demonstrating that [sealing] is essential to preserve higher values and is narrowly tailored to serve that interest." 828 F.2d 110, 116 (internal quotation marks and citations omitted). Those findings and rulings are summarized as follows.

Plaintiffs' Memorandum of Law

The Court finds that pages one (1) through the top portion of page ten (10), just above subsection (a), and the bottom portion of page eighteen (18), beginning with Part II through page twenty-two (22) contain discussions of law without reference to privilege documents and such pages shall be made available for public viewing. The Court finds that beginning with subsection (a) on page ten (10) through page eighteen (18), up to Part II, contain discussions of confidential information and shall remain under seal to preserve the higher value of protecting any privileged information discussed therein.

Jeff Shelly Declaration and Exhibits

The entire Declaration with Exhibits shall be made available for public viewing. Defendants' Memorandum of Law The Court finds that pages one (1) through the top portion of page seven (7), just above Part II, and pages twenty-three (23), beginning with Part III through page thirty (30) and Exhibit A shall be made available for public viewing. Page seven (7), commencing with Part II, through page twenty-three (23), just above Part III, ...


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