USA v. North American Islamic Trust

Filing 55

UNOPPOSED MOTION FILED by Appellant North American Islamic Trust . Date of service: 07/20/2010 via email - Attorney for Appellant(s): Loose, Maggio, Stephenson; Attorney for Appellee(s): Cowger, Shanker; [09-10875] REVIEWED AND/OR EDITED. UNOPPOSED MOTION to seal oral argument. [09-10875] (TMM)

USA v. North American Islamic Trust

Doc. 55 Att. 1

NO. 09-10875 __________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ____________________________ UNITED STATES OF AMERICA, Respondent - Appellee, V. HOLY LAND FOUNDATION FOR RELIEF AND DEVELOPMENT, ET AL., Defendants. Appeal Of: NORTH AMERICAN ISLAMIC TRUST Appellant. __________________________
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS United States v. Holy Land Foundation For Relief and Development, et al., CASE NO. 3:04-CR-0240

__________________________ APPELLANT'S MOTION TO SEAL ORAL ARGUMENT OR, IN THE ALTERNATIVE, REQUEST FOR INSTRUCTIONS CONCERNING ORAL ARGUMENT __________________________
Robert M. Stephenson Timothy M. Maggio Kevin A. Wisniewski LOCKE LORD BISSELL & LIDDELL LLP 111 South Wacker Drive Chicago, Illinois 60606 [phone] phone ATTORNEY FOR APPELLANT NORTH AMERICAN ISLAMIC TRUST

Dockets.Justia.com

Appellant North American Islamic Trust ("NAIT") moves to seal the anticipated oral argument in this case (as well as all recordings and transcripts of that argument) or, in the alternative, NAIT seeks instructions from this Court regarding how to proceed with oral argument. In support of this request, NAIT states as follows: 1. On August 26, 2009, the North American Islamic Trust ("NAIT")

filed a Notice of Appeal asking this Court to review a July 1, 2009 Memorandum Opinion Order (the "Order") of the United States District Court for the Northern District of Texas. That Order was issued under seal in the criminal proceeding styled United States v. Holy Land Foundation For Relief And Development, et al., Case No. 3:04-CR-00240. 2. On February 1, 2010, NAIT sought leave from this Court to file its

Appellant's Initial Brief and Record Excerpts under seal. On April 5, 2010, the Government sought leave from this Court to file its Brief and Record Excerpts under seal. On April 29, 2010, NAIT sought leave from this Court to file Appellant's Reply Brief and Supplemental Record Excerpts under seal. 3. On May 5, 2010, this Court entered an Order granting the parties'

requests and sealed the documents referenced in paragraph 2. (Exhibit A)

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4.

On June 17, 2010, this Court notified the parties that oral argument for

this case had tentatively been scheduled for the week of August 30, 2010. (Exhibit B) 5. On June 17, 2010, this Court notified the parties that a third-party's

motion to unseal the appellate briefs in this case, filed with the Court on May 20, 2010, would be submitted to the Court along with the merits of the appeal. (Exhibit C) 6. In light of the foregoing, NAIT moves to seal the oral argument in this

case or, in the alternative, seeks instruction from this Court regarding how to proceed with oral argument. Although NAIT opposes the District Court's sealing order and would prefer that the oral argument in this case be public, sealing the oral argument in this appeal would prevent the public disclosure of items the District Court has decided should be, or by operation of the local sealing procedures are, shielded from public view. Accordingly, in order to comply with and respect the District Court's sealing order, NAIT requests instructions on how the parties should proceed with oral argument in this case. 7. NAIT has conferred with counsel for the Appellee, the United States

of America. The Appellee does not oppose this request. WHEREFORE the North American Islamic Trust respectfully requests that this Court enter an order either sealing the oral argument (along with any 2

transcripts or recordings) or, providing the parties instruction on how to proceed with oral argument. Dated: July 20, 2010 Respectfully Submitted, By: /s/ Timothy M. Maggio

Robert M. Stephenson Timothy M. Maggio Kevin A. Wisniewski LOCKE LORD BISSELL & LIDDELL LLP 111 South Wacker Drive Chicago, Illinois 60606 [phone] phone [phone] fax ATTORNEY FOR APPELLANT NORTH AMERICAN ISLAMIC TRUST

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CERTIFICATE OF CONFERENCE Counsel for the North American Islamic Trust conferred with counsel for United States of America, Appellee, regarding this motion. The Appellee does not oppose this motion. /s/ Timothy M. Maggio Timothy M. Maggio

CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served on all counsel of record on this the 20th day of July, 2010 via the appellate CM/ECF system and U.S. Mail, pre-paid postage, to the following addresses: Susan Cowger Assistant U.S. Attorney U.S. Attorney's Office Northern District of Texas, Room 300 1100 Commerce Street Dallas, TX 75242-1699 Vijay Shanker Attorney, U.S. Department of Justice Criminal Division, Appellate Section 950 Pennsylvania Ave., NW, Rm. 1264 Washington, DC 20530

/s/ Timothy M. Maggio Timothy M. Maggio