IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
UNITED STATES OF AMERICA,
Plaintiff,
v.
ROBERT ALAN SOLOWAY,
Defendant.
MOTION TO SEAL SEARCH WARRANT APPLICATIONS AND RETURNS AND TO SEAL MEMORANDUM IN SUPPORT OF MOTION TO SEAL
COMES NOW the defendant, ROBERT ALAN SOLOWAY, by and through his counsel of record, Richard J. Troberman, P.S., and moves the Court for an Order sealing the Applications for Search Warrants and Inventories on Return of Search Warrants as more particularly identified in the accompanying Memorandum in Support of Motion to Seal Search Warrant Applications and Returns. Defendant also moves the Court for an Order sealing the accompanying Memorandum in Support of the Motion to Seal the Application(s) for Search Warrant and Inventories on Return of Search Warrant(s). This motion is based on the pleadings, records, and files herein, and is made for the reasons set forth in said Memorandum.
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
UNITED STATES OF AMERICA,
Plaintiff,
v.
ROBERT ALAN SOLOWAY,
Defendant.
MINUTE ORDER
The following Minute Order is made by direction of the Court, the Honorable Marsha J. Pechman, United States District Judge:
Defendant has filed a motion to seal search warrant applications and returns and to seal his memorandum in support of the motion to seal. (Dkt. No. 18.) On the record before the Court, it is not clear whether Defendant has complied with Local Criminal Rule 53(d), which provides as follows:
Nothing in this rule or any other criminal rule of this court is intended to restrict the media’s right to full pretrial coverage of news pursuant to the First Amendment to the United States Constitution. To assure this right, notice of presentation to the court of any motion for an order affecting the news media’s right to full pretrial coverage of pending or impending criminal proceedings must be served by movant upon designated representatives of the principal public media at least twenty-four hours prior to presentation. The designated representative or representatives shall have the right to be heard by the court, in open court, at the time the motion is presented.
See also In re Search Warrant for Northwest Enviroservices, Inc., 736 F. Supp. 238, 239 (W.D. Wash. 1989) (holding that former Local Criminal Rule 53(e) permits members of principal public media to be heard on a motion to seal).
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Within three judicial days of the date of this Minute Order, Defendant is directed to file proof that he complied with the provisions of Local Criminal Rule 53(d). If Defendant has not yet complied with this rule, he may either: (1) correct this omission by serving notice of his motion to seal on designated representatives of the principal public media; or (2) withdraw his motion. Defendant shall notify the Court which option he intends to pursue by August 30, 2007. If Defendant chooses the first option, he must file proof of service with the Court and must inform the designated representatives of the media that they shall have seven calendar days after service of the motion to file and serve a response.
Date: August 23, 2007
BRUCE RIFKIN, Clerk
By /s/ Mary Duett
Deputy Clerk
Hrm. It appears that someone is trying to seal court records on the sly. As the Minute Order states, a Motion to Seal has First Amendment issues in that a free press is supposed to be have access to the trial. (There are also Sixth Amendment issues ["speedy and public trial"] issues, but those aren't mentioned in the Minute Order.)
It appears from this stipulation that Soloway is going to be asking the Court to seal the search warrants without giving the media an opportunity to oppose that motion.
It makes you wonder why?
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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
UNITED STATES OF AMERICA,
Plaintiff,
v.
ROBERT ALAN SOLOWAY,
Defendant.
STIPULATION RE: STAY OF MINUTE ORDER PENDING MOTION TO RECONSIDER
Plaintiff United States of America and defendant ROBERT ALAN SOLOWAY, by and through their respective undersigned counsel of record, hereby stipulate and agree that the Minute Order issued on August 23, 2007, shall be stayed pending the Court's consideration of defendant's Motion to Reconsider, which shall be filed no later than Friday, August 31, 2007.
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DATED this 28th day of August, 2007.
RICHARD J TROBERMAN
WSBA #6379
Attorney for Defendant
Robert Alan Soloway
JEFFREY C. SULLIVAN
United States Attorney
By: PER TELEPHONE
KATHRYN A. WARMA
Assistant U.S. Attorney