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Federal Court Proceeding Connecticut District Court, Case No. 3:16-mc-00084

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Last Updated October 12, 2018 at 11:53 PM DT (2.6 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Pen Register, Defendant
United States of America United States of America, Movant
Officially listed as "USA"

Toggle Switch Represented by U.S. Attorney's Office-NH

Name Phone Fax E-Mail
, Douglas P. Morabito +1 203 821 3700 +1 203 773 5373 Douglas.Morabito@usdoj.gov
Citation Application for Pen Register
Nature of Suit 990 - Other
  Entries (7) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 6 Filed: 1/22/2018, Entered: 1/22/2018 Unknown Document TypeCourt Filing
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarah A. L. Merriam on 1/22/2018.(Caffrey, A.)
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    Legal Document (Payment Possibly Required) 5 Filed: 1/22/2018, Entered: None Response
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      Legal Document (Payment Possibly Required) 5 Filed: 1/18/2018, Entered: None Unknown Document Type
      RESPONSE re 4 Order filed by USA. (Caffrey, A.) (Entered: 01/22/2018)
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        Legal Document (Payment Possibly Required) 4 Filed: 1/8/2018, Entered: None Unknown Document TypeCourt Filing
        ORDER: On March 11, 2016, the government sought, and the Court issued, an order for a pen register on phone number 203-752-7729. (Doc. # 2 ) The Court also granted, at that time, a motion to seal this matter. The Court further issued a Non-Disclosure Order. (Doc. # 3 ) Nearly two years have passed since the issuance of these Orders. It is not clear to the Court that the reasons proffered for the issuance of the Non-Disclosure Order and Sealing Order remain valid. "The Supreme Court has held that judicial proceedings are presumptively open under the First Amendment. It has also recognized a common-law right of presumptive access to judicial records and documents." In re Applications to Unseal 98CR1101(ILG), 568 F. App'x 68, 69 (2d Cir. 2014). Therefore, the sealing of any judicial document, and certainly the sealing of an entire matter, requires "particularized findings demonstrating that sealing is supported by clear and compelling reasons and is narrowly tailored to serve those reasons." L. R. Crim. P. 57(b)(3). Sealing this entire matter renders the docket sheet inaccessible to the public. The Second Circuit has explicitly recognized "a qualified First Amendment right of access to docket sheets." Hartford Courant Co. v. Pellegrino, 380 F.3d 83, 93 (2d Cir. 2004). As the Appeals Court has noted, "the ability of the public and press to attend civil and criminal cases would be merely theoretical if the information provided by docket sheets were inaccessible. In this respect, docket sheets provide a kind of index to judicial proceedings and documents, and endow the public and press with the capacity to exercise their rights guaranteed by the First Amendment." Id. "Of course, this presumption is rebuttable upon demonstration that suppression is essential to preserve higher values and is narrowly tailored to serve that interest." Id. at 96 (internal quotation marks and citations omitted). Absent a further showing that continued sealing of this matter is appropriate, the Court will unseal this action. Therefore, on or before January 18, 2018, the government shall file with the Clerks Office for docketing either (a) a notice indicating its understanding that this case will be unsealed immediately, or (b) a motion requesting continued sealing. Any motion for continued sealing must demonstrate that continued sealing of this matter is justified by clear and compelling reasons and is narrowly tailored to serve those reasons." L. R. Crim. P. 57(b)(3). It is so ordered. Signed by Judge Sarah A. L. Merriam on 1/8/2018.(Caffrey, A.) (Entered: 01/09/2018)
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          Legal Document (Payment Possibly Required) 3 Filed: 3/11/2016, Entered: None Unknown Document TypeCourt Filing
          ORDER to Service Provider Signed by Judge Sarah A. L. Merriam on 2/26/2016.(Nuzzi, T) (Entered: 03/14/2016)
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            Legal Document (Payment Possibly Required) 2 Filed: 3/11/2016, Entered: None Unknown Document TypeCourt Filing
            ORDER granting re 1 Application for Pen Register filed by USA Signed by Judge Sarah A. L. Merriam on 2/26/2016.(Nuzzi, T) (Entered: 03/14/2016)
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              Legal Document (Payment Possibly Required) 1 Filed: 3/11/2016, Entered: None Unknown Document Type
              Application and Affidavit for Pen Register re: 203-752-7729, filed by USA. (Attachments: # 1 Affidavit)(Nuzzi, T) (Additional attachment(s) added on 3/15/2016: # 2 Replacement PDF) (Nuzzi, T). (Entered: 03/14/2016)
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