Opinion
Civil Case No. 11-cv-02162-REB-MJW
12-30-2011
RAW FILMS, LTD, Plaintiff, v. JOHN DOES 1, 3, and 5-24, Defendants.
Judge Robert E. Blackburn
ORDER CONCERNING DEFENDANT'S MOTION TO RESTRICT ACCESS
Blackburn, J.
This matter is before the court on a letter, dated December 21, 2011, filed by an individual who states that they are a possible defendant in this case. In the letter, the putative defendant asks the court to keep this possible defendant's "identity protected . . . ." I read this request as a motion to restrict access under Rule 7.2 of the Local Rules of Practice of the United States District Court for the District of Colorado - Civil. Under Rule 7.2D., any document that is the subject of a motion to restrict access will be subject to restriction until the motion to restrict access is determined by the court. D.C.COLO.LCivR 7.2D. However, under Rule 7.2B., any motion to restrict public access will be open to public inspection. Id. at 7.2B.
Given these requirements, I direct that the letter tendered by this possible defendant be redacted to exclude the names stated in the first line of the letter, the signature at the bottom of the letter, and the typed name below the signature. As redacted, the letter shall be filed as a motion to restrict access. Once the deadlines prescribed in D.C.COLO.LCivR 7.2 have expired, the court will resolve the motion to restrict access. In addition, I read the motion to restrict access to request restricted access to the motion to dismiss and motion to quash filed by the same individual concurrently with the filing of the December 21, 2011, letter.
THEREFORE, IT IS ORDERED as follows:
1. That a copy of the letter dated December 21, 2011, filed with the court on December 23, 2011, and addressed to Magistrate Judge Michael J. Watanabe and Judge Robert E. Blackburn SHALL BE REDACTED to exclude the first and last names stated in the first line of the letter, the signature at the bottom of the letter, and the first and last typed name below the signature;
2. That as redacted, a copy of the letter dated December 21, 2011, filed with the court on December 23, 2011, and addressed to Magistrate Judge Michael J. Watanabe and Judge Robert E. Blackburn SHALL BE FILED and TREATED as a motion to restrict access under D.C.COLO.LCivR 7.2;
3. That pending resolution of the motion to restrict access, the motion to dismiss and motion to quash filed by the same individual who filed the December 21, 2011, letter SHALL BE FILED at restriction level 2, as defined in D.C.COLO.LCivR 7.2B.5.;
4. That the Clerk of the Court SHALL MAIL a copy of this order to the person who filed the December 21, 2011, letter at the address reflected on the motion to dismiss filed by that person;
5. That pending resolution of the motion to restrict access, any certificate demonstrating the mailing of a copy of this order to the person who filed the December 21, 2011, letter SHALL BE FILED at restriction level 2, as defined in D.C.COLO.LCivR 7.2B.5; and
6. That the entry of this order does not relieve the movant from otherwise complying fully with the requirements of D.C.COLO.LCivR 7.2 relating to requests for restricted access.
Dated December 30, 2011, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackbum
United States District Judge