You're viewing Docket Item 2 from the case . View the full docket and case details.

Download this document:




Case4:13-xr-90592-CW Document2 Filed07/23/13 Page1 of 2



IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA


IN THE MATTER OF DISCLOSURE OF
GRAND JURY MATERIALS OF
INVESTIGATION NUMBER
2010R0R02278

________________________________/



CR 13-90592 MISC

ORDER DENYING
APPLICATION TO
SEAL


The United States of America submits an ex parte application
for the disclosure of grand jury records under Rule 6(e)(6) of the
Federal Rules of Criminal Procedure and seeks an order sealing the
application. Even the application to seal is designated as
purportedly under seal.

Rule 6(e)(6) states, "Records, orders, and subpoenas relating

to grand-jury proceedings must be kept under seal to the extent
and as long as necessary to prevent the unauthorized disclosure of
a matter occurring before a grand jury." Fed. R. Crim. P. 6.
Here, neither the application to seal nor the ex parte application
for disclosure that the government seeks to seal has revealed
anything "relating to the grand jury proceedings." The ex parte
application is simply a request for the disclosure of grand jury
records and it does not disclose matters occurring before the
grand jury. Thus, the Court DENIES the application to seal.

Furthermore, a petition to disclose a grand jury matter under
Rule 6(e)(3)(E)(i) may be filed ex parte by the government when it
makes a specific showing of a need to obtain the disclosure ex
parte. United States v. Nix, 21 F.3d 347, 351 (9th Cir. 1994).










t
r
u
o
C


t
c
i
r
t
s
i
D

s
e
t
a
t
S
d
e
t
i



n
U


a
i
n
r
o
f
i
l
a
C




f
o

t
c
i
r
t
s
i
D
n
r
e
h
t
r
o
N

e
h
t

r
o
F

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Case4:13-xr-90592-CW Document2 Filed07/23/13 Page2 of 2



Here, the government fails to make such a showing. Thus, the
Court will not entertain the government's application ex parte.

The government's request will be neither filed nor considered
as submitted. If the government wishes to pursue this request it
must first file in the public record an application to seal its
application for disclosure, or explain why even the application to
seal must be sealed. It must also include in its application for
disclosure good cause for filing it ex parte.


IT IS SO ORDERED.


Dated:



CLAUDIA WILKEN
United States District Judge

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28





2




a
i
n
r
o
f
i
l
a
C




f
o

t
c
i
r
t
s
i
D
n
r
e
h
t
r
o
N

e
h
t

r
o
F


t
r
u
o
C


t
c
i
r
t
s
i
D

s
e
t
a
t
S
d
e
t
i



n
U