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October 15, 2008: Katzer Request to Seal Declaration

On October 15, 2008, Katzer filed a motion requesting that he be allowed to file a declaration "under seal". This is usually used for trade secrets and similar information that shouldn't be made public. Putting the information under seal allows the Court and the parties to reference it while still protecting the information from public disclosure. In this case, however, Katzer has also asked that Jacobsen not be allowed to see the information.

We filed an opposition to this, pointing out that Katzer's request didn't comply with the relevant rules of civil procedure, and puts us at an extreme disadvantage in rebutting Katzer's statements.

Katzer then filed another declaration, and several days later provided the declaration that he proposed to be sealed. We replied, pointing out several ways that Katzer's request was still in violation of procedural rules and with basic fairness.

The Court agreed, and ruled that Katzer could not submit his declaration under seal, but could ask again. Katzer didn't do so.

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