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S.D.N.Y.Procedural orderFiled Oct. 29, 2024

Nunes v. NBCUniversal Media, LLC

Judge
P. Castel
Docket
1:22-cv-01633
Court
U.S. District Court · Southern District of New York
Pages
1
DiscoveryCivil Procedure
In one sentence

In Nunes v. NBCUniversal, Judge Netburn ordered the parties to meet and confer and justify sealing a deposition transcript.

Who this affects

The parties, Devin G. Nunes and NBCUniversal Media, LLC, and the public’s access to the deposition transcript.

What happened

In Nunes v. NBCUniversal Media, LLC, Devin G. Nunes requested a conference about disputes that arose during the deposition of non-party Rachel Maddow. Both sides had filed the deposition transcript under seal without first asking the court for permission.

The court ordered the parties to discuss whether the transcript should remain sealed, consistent with the public’s rights of access under the First Amendment and common law. Any party seeking to keep the transcript sealed or partly redacted had to explain why that relief was justified by Friday, November 1, 2024.

The order did not decide whether the transcript should remain sealed or resolve the deposition disputes. Magistrate Judge Sarah Netburn issued the order on October 29, 2024.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Nunes v. NBCUniversal Media, LLC · No. 1:22-cv-01633
Judge
P. Castel
Date
Oct. 29, 2024

Background

Devin G. Nunes filed a letter requesting a pre-motion conference concerning disputes that arose during the deposition of non-party Rachel Maddow. Both parties filed the deposition transcript under seal, but neither party had obtained permission from the court to do so.

Court’s Action

The court ordered the parties to meet and confer about whether the transcript should be filed under seal in a manner consistent with the First Amendment and the common-law right of public access. The court directed any party seeking to file the transcript under seal or with partial redactions to show cause for that relief by Friday, November 1, 2024.

The order cited Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), and addressed the procedure for seeking sealing or redaction. It did not determine whether sealing was warranted and did not resolve the underlying deposition disputes. Magistrate Judge Sarah Netburn signed the order.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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