Opinion
2:21-cr-00053-GMN-VCF
11-28-2022
UNITED STATES OF AMERICA, Plaintiff, v. DOUGLAS LEE THAYER, Defendant.
JASON M. FRIERSON United States Attorney Nevada Bar Number 7709 JESSICA OLIVA Assistant United States Attorney Attorneys for the United States
JASON M. FRIERSON United States Attorney Nevada Bar Number 7709 JESSICA OLIVA Assistant United States Attorney Attorneys for the United States
GOVERNMENT'S MOTION FOR LEAVE TO FILE SEALED RESTITUTION LIST
GLORIA M. NAVARRO, DISTRICT JUDGE
Contemporaneous with this motion, the Government is filing its Restitution List (at ECF No. 152) in the above-captioned case. This Restitution List contains personal identifiable information (PII) of victims, specifically their home addresses. Under Federal Rule of Criminal Procedure 49.1 and Local Rule IC 6-1, if a home address must be included on documents filed with the Court, only the city and state should be listed. Moreover, victims of a crime have the statutory right to be treated with respect for their privacy. 18 U.S.C. § 3773(a)(8); see also United States v. Patkar, 2008 WL 233062, at *4 (D. Hawai'i Jan. 28, 2008). Rule 49.1(d) provides an exception to this rule, under which the Court may order a filing be made under seal which contains this information.
Here, it is necessary to include victim PII-specifically, their home addresses-on the Restitution List, because otherwise the Clerk of the Court will not know where to mail restitution. Accordingly, the Government respectfully moves for permission to file the Restitution List under seal pursuant to Fed. R. Crim. P. 49.1(d).
ORDER
IT IS SO ORDERED.
IT IS FURTHER ORDERED that the Restitution Hearing set for December 5, 2022, is VACATED.