In re: Under Seal

Filing 21

RESPONSE/ANSWER by US in 13-4625, 13-4626 to notice requesting response [13]. Nature of response: in opposition. [13-4625, 13-4626] James Trump

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IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT In re: UNDER SEAL ) ) UNITED STATES OF AMERICA ) ) Plaintiff-Appellee, ) ) v. ) ) UNDER SEAL ) ) Party-in-Interest-Appellant. ) ___________________________________ ) No. 13-4625 (L) SUPPLEMENTAL RESPONSE OF THE UNITED STATES IN OPPOSITIONTO MOTION TO UNSEAL AND EXTEND FILING TIME FOR BRIEFS The United States hereby submits this supplemental response to the Motion to Unseal Documents for Amici Curiae and to Extend Time to File Amici Curiae Briefs, filed September 24, 2013, by Appellants Lavabit LLC and Ladar Levison. On October 2, 2013, the district court entered an order granting the government’s motion for the partial unsealing of records in this matter. A copy of that order is attached. The government believes that this order renders moot Appellants’ motion to unseal. The government further submits that this order, together with this Court’s October 2, 2013 Order extending the time for the filing of briefs, also renders moot Appellants’ motion for an extension of time for the filing of amicus briefs. In addition, the partial unsealing of the district court record means that Appellants may be publicly identified in the caption of future pleadings and on this Court’s docket and that the matter may be identified in the same manner as it is on the district court’s order. Respectfully submitted, DANA J. BOENTE ACTING UNITED STATES ATTORNEY By: s/ James L. Trump Assistant United States Attorney United States Attorney=s Office 2100 Jamieson Avenue Alexandria, Virginia 22314 Phone: 703-299-3726 Fax: 703-299-3981 Email Address: jim.trump@usdoj.gov CERTIFICATE OF SERVICE I HEREBY CERTIFY that on October 3, 2013, the foregoing document was served on all parties or their counsel of record through the CM/ECF system. s/ James L. Trump Assistant United States Attorney United States Attorney=s Office 2100 Jamieson Avenue Alexandria, Virginia 22314 Phone: 703-299-3726 Fax: 703-299-3981 Email Address: jim.trump@usdoj.gov

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