| 07/25/2023 | 12 | ORAL ORDER re 8 and 9 – The Court is in receipt of the parties’ letters regarding a motion for leave to file an amicus brief (D.I. 7, Exs. 1-4). As an initial matter, Defendant has not indicated what specific information should be sealed nor made any showing as required under In re Avandia Marketing, Sales Practices & Products Liability Litigation, 924 F.3d 662 (3d Cir. 2019). In fact, Defendant has not filed a formal request with the Court to seal anything. The Court will temporarily place the document under seal until close of business on July 26, 2023 to afford Defendant the opportunity to try to make the requisite showing. Should Defendant fail to make that showing, the document will be unsealed in its entirety. In addition, the Court has reviewed the allegations in Mr. Kittila’s letter regarding a call made to the Clerk’s Office regarding the amicus materials. (D.I. 8). Mr. Kittila asserts that an individual associated with the firm representing Defendant called the Clerk’s Office pretending to be associated with Mr. Kittila and requesting the amicus materials be removed from the docket, which the Clerk’s Office did. The response from Defendant’s counsel on this issue was that “[a]s far as [he was] aware, the managing attorney from Latham called the clerk’s office to note that personal tax information of the defendant had been filed in a non-reacted [sic] manner and to inquire regarding having the information sealed” and that “the clerk took the filing down on their own accord.” (D.I. 8, Ex. A). Defendant’s counsel also added that he hoped Mr. Kittila had an “affidavit from the clerk in support of” his version of events. (Id.). The Court has discussed the matter with the relevant individuals in the Clerk’s Office and has been informed that the caller, Ms. Jessica Bengels, represented that she worked with Mr. Kittila and requested the amicus materials be taken down because they contained sensitive grand jury, taxpayer and social security information. It appears that the caller misrepresented her identity and who she worked for in an attempt to improperly convince the Clerk’s Office to remove the amicus materials from the docket. THEREFORE, IT IS HEREBY ORDERED that, on or before 9PM TODAY on July 25, 2023, counsel for Defendant shall SHOW CAUSE as to why sanctions should not be considered for misrepresentations to the Court. ORDERED by Judge Maryellen Noreika on 7/25/2023. (dlw) (Entered: 07/25/2023) |
Bull Shark from Potomac in 2010 Buzzs Marina
