I think we all know the trend in federal courts generally, and certainly in the SD FL under Judge Moreno, has been to limit circumstances in which documents and testimony are submitted under seal.
This has something to do with the public’s “right to know,” or some such musty old doctrine probably invented by Lucy Lawless and a bunch of randy guys in togas — Ad praesens ova cras pullis sunt meliora?
(I should have paid more attention in law school.)And you know how you always start a deposition by informing the witness that this is a public proceeding, akin to being in a courtroom, and that your testimony under oath here is just as significant whether taken in a lawyer’s office or in front of a jury?
Notwithstanding all that, Judge Ray has barred the public from attending the deposition of Steve Lippman in the RRA bankruptcy case.
See if you think this argument passes the “red face” test I do actually recall from law school:
In arguing to close the deposition, Lippman’s attorney, Patrick Scott, said of the case: “This is a case where there’s a very low public interest.”
DING DING DING DING DING!!!Patrick, you must not have access to my blog stats.
In fact, our number one search term is “Scott Rothstein” (of course, that is closely followed by “Kim Rothstein is a hottie” — what can I say, gotta love our readers).