Opinion
No. 28 MM 2007.
March 22, 2007.
Motion for Immediate Access to Record filed of behalf of Station Square Gaming.
Motion to Compel Access to Record filed on behalf of Station Square Gaming, LP.
Application for Immediate Access to Record filed on behalf of IOC Pittsburgh, Inc.
Cross-Motion for Protective Order filed on behalf of PITG Gaming, LLC.
ORDER
AND NOW, this 22nd day of March, 2007, upon consideration of the Motion for Immediate Access to Record and the Motion to Compel Access to Record filed on behalf of Station Square Gaming, LP, the Application for Immediate Access to Record filed on behalf of IOC Pittsburgh, Inc., and the Cross-Motion for Protective Order filed on behalf of PITG Gaming, LLC, it is hereby ordered that
(1) The request for access to the documents identified in the Pennsylvania Gaming Control Board's Certified List of All Documents that Comprise the Certified Record in Accordance With PA Rule of Appellate Procedure 1952 is granted, subject to the confidentiality provisions of the Pennsylvania Race Horse Development and Gaming Act, 4 Pa.C.S. §§ 1101 et seq., and the provisions of the regulations of the Pennsylvania Gaming Control Board, 58 Pa. Code § 401.4.
(2) The request for access to documents not identified in the Pennsylvania Gaming Control Board's Certified List of All Documents that Comprise the Certified Record in Accordance With PA Rule of Appellate Procedure 1952 is denied.
All confidential information contained in the documents identified in the Pennsylvania Gaming Control Board's Certified List of All Documents that Comprise the Certified Record in Accordance With PA Rule of Appellate Procedure 1952 shall remain confidential throughout the appellate process, including the briefing process, and thereafter. The parties may allow access to the confidential information to any persons, organizations or other entities engaged in the appellate process on their behalf, and any such access to the confidential documents must be in accordance with the confidentiality provisions of the Pennsylvania Race Horse Development and Gaming Act, 4 Pa.C.S. §§ 1101 et seq., and the provisions of the regulations of the Pennsylvania Gaming Control Board, 58 Pa. Code § 401.4.
(3) Within thirty (30) days of the exhaustion of the appeal process, the parties shall submit to the Prothonotary's Office an affidavit that documents and any copies of any description containing confidential information have been returned to the Pennsylvania Gaming Control Board or destroyed.