The Estate of Michael Heiser v. Redacted 3rd party garnishee

Background

At a December 13, 2019 conference, the court considered whether documents filed in the case should continue to be kept under seal. The parties had no objection to unsealing the record in its entirety. The court also addressed the respondent’s deadline to answer.

Court’s action

The court reserved judgment on continued sealing until the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) could address the issue. It directed OFAC to submit a letter by December 23, 2019, explaining why continued sealing or redaction would be consistent with the presumption that court records are publicly accessible. If OFAC believed its letter should itself be sealed or redacted, the court directed it to follow the procedures in the court’s individual rules and practices. In the absence of an OFAC letter, the court stated that it would enter an order unsealing all previously filed documents.

The court extended the respondent’s deadline to answer to January 29, 2020. Within one week after the answer was filed, the parties were required to submit a joint letter describing their views on how the litigation should proceed and whether the court should schedule a conference. The petitioners were ordered to serve the order on OFAC, the respondent, and counsel for the judgment debtors by email or overnight courier within one business day, and to file proof of service within two business days, if appropriate under seal.