Author Topic: Motion to Unseal Court Filing (HOA Settlement)  (Read 19840 times)

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Offline FromBelow

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #45 on: April 14, 2013, 04:50:04 AM »
How this all evolves will depend, in large part, on how hard the HOA insurer wants to play.

My guess is not very hard since they settled in the first place. Out of curiosity, would there be a clause that says breaching confidentiality would require a party to pay penalties? So in addition to paying back the money specified in the settlement Crump might have to pay penalties? That might be a game changer if the penalties are significant.

Offline cboldt

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #46 on: April 14, 2013, 05:57:31 AM »
My guess is not very hard since they settled in the first place. Out of curiosity, would there be a clause that says breaching confidentiality would require a party to pay penalties? So in addition to paying back the money specified in the settlement Crump might have to pay penalties? That might be a game changer if the penalties are significant.

My sense of how hard they want to play involves considerations outside of the agreement proper.  I speculated somewhere that the insurer does not want to give its other clients reason to find other insurance providers, and that some of its clients are sympathetic to Team Crump.  If the insurer fights for its rights under the agreement, then it will cast as being racist.

I obviously don't know if this agreement provides for penalties in addition to voidability.  It might include assigning legal fees and costs of defending the confidentiality in court.  Crump could easily be charged with paying for the filing of a motion that seeks the same outcome Crump seeks, which is closure of the agreement, if the agreement includes a "leaker pays legal costs" clause.

Offline unitron

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #47 on: April 14, 2013, 06:19:57 AM »
My sense of how hard they want to play involves considerations outside of the agreement proper.  I speculated somewhere that the insurer does not want to give its other clients reason to find other insurance providers, and that some of its clients are sympathetic to Team Crump.  If the insurer fights for its rights under the agreement, then it will cast as being racist.

I obviously don't know if this agreement provides for penalties in addition to voidability.  It might include assigning legal fees and costs of defending the confidentiality in court.  Crump could easily be charged with paying for the filing of a motion that seeks the same outcome Crump seeks, which is closure of the agreement, if the agreement includes a "leaker pays legal costs" clause.


On the other hand (from being tarred as racist), there's the desire to avoid being thought an easy target for "file a lawsuit, pick up some easy cash", if something in that settlement agreement might make them look so if it gets out in public.

Offline cboldt

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #48 on: April 14, 2013, 07:02:01 AM »
On the timeline ...

STEP #5 - HEARING HEARING Unless all parties agree to the contrary, in writing, the Court MUST: 1. Hold a hearing no later than 30 days after the filing of the motion (Motion to Determine Confidentiality); 2. The hearing must be an OPEN PROCEEDING, unless an in-camera hearing is requested to protect the interests of the parties; 3. There must be a COMPLETE RECORD of the hearing: either by court reporter or recording device; 4. May require Public Notice; 5. Court must issue RULING within 30 DAYS of hearing.


Link to Presentation relating to Rule 2.420

Edited just to correct formatting of blockquote
« Last Edit: April 14, 2013, 07:03:58 AM by cboldt »

Offline cboldt

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #49 on: April 14, 2013, 07:39:51 AM »
I don't think a confidential agreement qualifies as a trade secret.

Here is a court order finding confidential information in a court filing of a settlement agreement, and it agrees with you.  Without specifically assigning (c)(9)(A)(vi), it uses similar language to describe the interest the court is protecting.

2. Confidentiality of the information sought to be sealed is required to protect the following interests:

   a. Obtaining evidence to determine the legal issues in a case; and

   b. Avoiding substantial injury to a party by the disclosure of matters that the parties agree to be protected, specifically: preserving the contractually agreed to confidentiality of (1) May 21, 2010 Confidential Settlement Agreement and (2) April 4, 2010 Seafarer's General Release of All Rights.


Order Authorizing Sealing, Simpson v. Steiner Transocean Limited

Offline cboldt

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #50 on: April 14, 2013, 08:26:51 AM »
The docket in the criminal case shows two entries:

04/12/2013    MDCR    MOTION TO DETERMINE THE CONFIDENTIALITY OF COURT RECORDS
04/12/2013    LETT    LETTER FROM ATTY CRUMPS OFFICE IN REGARDS TO DOCUMENTS SEALED

We've seen the Motion to Determine Confidentiality.  I wonder what the letter contains?

Offline cboldt

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #51 on: April 15, 2013, 10:02:40 AM »
Stutzman of the Orland Sentinel thinks Crump's Motion to Determine Confidentiality was made public just today.  Heh.

Crump: Don't unseal the $1 million-plus settlement Trayvon's parents received

A couple additional errors (or news, if you choose to believe the reporter)

 - Maryanne Morse notified Crump that she intended to unseal it, saying it did not meet the legal standard of a confidential filing. [it is not in the group of material that the clerk can identify as confidential, but it is almost certainly meets the legal standard of a confidential filing]
 - Crump asked the judge to only block the payment amount from public view. [then why did he redact the name of the payor?]

Offline MJW

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #52 on: April 15, 2013, 12:16:32 PM »
We've seen the Motion to Determine Confidentiality.  I wonder what the letter contains?

The letter is now on the court website, but contains nothing interesting. It just claims the filing should be sealed, and contains a copy of Crump's motion to determine confidentiality.
« Last Edit: April 15, 2013, 12:20:47 PM by MJW »

Offline cboldt

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #53 on: April 15, 2013, 12:31:54 PM »
The letter is now on the court website, but contains nothing interesting. It just claims the filing should be sealed, and contains a copy of Crump's motion to determine confidentiality.

The 2nd numbered paragraph in the motion under the letter to the clerk is redacted, by Crump, I suppose.  That same paragraph is unredacted in the filed Motion to Determine Confidentiality.

Offline FromBelow

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #54 on: April 15, 2013, 12:35:51 PM »
The 2nd numbered paragraph in the motion under the letter to the clerk is redacted, by Crump, I suppose.  That same paragraph is unredacted in the filed Motion to Determine Confidentiality.

I just noticed that. Maybe because it contains a quote from the agreement. Crump screwed up by revealing a portion of the agreement in his motion to determine confidentiality and not requesting that motion be confidential. LOL

EDIT: Wouldn't revealing it in part also be a violation? Even if it's only the part that says it's confidential?
« Last Edit: April 15, 2013, 12:38:29 PM by FromBelow »

Offline cboldt

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #55 on: April 15, 2013, 12:44:58 PM »
I just noticed that. Maybe because it contains a quote from the agreement. Crump screwed up by revealing a portion of the agreement in his motion to determine confidentiality and not requesting that motion be confidential. LOL

The redaction could be by the clerk, too.  Overcautious after leaking 5 pages to Stutzman, etc.  Quick to post the Motion itself (under the rules, that motion will contain NO confidential material, but will identify it), then a bit slower on the same material addressed personally to the clerk.  The clerk maybe noticed that the italics was a blockquote from the agreement, and hence might be confidential material.

A Motion to Determine Confidentiality "must identify the particular court records or a portion of a record that the movant seeks to have determined as confidential with as much specificity as possible without revealing the information subject to the confidentiality determination."  Burden on the filer of the Motion to Determine Confidentiality.  There is no need to redact anything in a properly formed Motion to Determine Confidentiality.

Offline FromBelow

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #56 on: April 15, 2013, 12:49:07 PM »
Well that was a buzz kill, cboldt.

Offline cboldt

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #57 on: April 15, 2013, 12:54:17 PM »
EDIT: Wouldn't revealing it in part also be a violation? Even if it's only the part that says it's confidential?

That italicized blockquote is just "piling on" a completed public disclosure.  The press made the public aware that some insurance company settled with Crump, before Crump filed the Motion to Determine Confidentiality.

But, that's essentially making Crump's error in putting that into the Motion into harmless error.  So, yes, it is a violation of the rule.  He's made numerous violations of the rule; but even above that, he has not articulated any justification for filing the paper in the first place.

How Nelson handles this will reveal quite a lot about her biases (or lack thereof) in this case.

Not that I think being revealed as biased is harmful to her.  I'm sure Lester is doing just fine.

Offline unitron

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #58 on: April 15, 2013, 01:16:58 PM »

"Crump: Don't unseal the $1 million-plus settlement Trayvon's parents received"

Of course without it being unsealed or unredacted or whatever, we have no way of knowing whether or not it actually is a "$1 million-plus" settlement or not.

Offline DebFrmHell

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Re: Motion to Unseal Court Filing (HOA Settlement)
« Reply #59 on: April 15, 2013, 05:37:09 PM »
The 2nd numbered paragraph in the motion under the letter to the clerk is redacted, by Crump, I suppose.  That same paragraph is unredacted in the filed Motion to Determine Confidentiality.

I am confused on the timing of the court clerk for the 12th.  It show MOM's Motion to Unseal at 8:43am but the Crump letter (3:27pm) and his response (3:32pm)  I don't get how O"Mara's filing can be ahead of all of Crump's.

 

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