Hepting et al v. AT&T Corp. et al

Filing 133

MOTION to Intervene Notice of Motion and Motion for Leave to Intervene; Notice of Motion and Motion to Unseal Documents filed by USA Today, Associated Press, Bloomberg News, Los Angeles Times, San Francisco Chronicle, San Jose Mercury News. Motion Hearing set for 6/23/2006 09:30 AM in Courtroom 6, 17th Floor, San Francisco. (Attachments: # 1 Declaration of Karl Olson in Support of Motion for Leave to Intervene and Motion to Unseal Documents# 2 Proposed Order Granting Motions for Leave to Intervene and Unseal Records)(Olson, Karl) (Filed on 5/19/2006)

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Karl Olson (SBN 104760) Erica L. Craven (SBN 199918) LEVY, RAM & OLSON LLP 639 Front Street, 4th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: 415-433-7311 Attorneys for Intervenors San Francisco Chronicle, Los Angeles Times, Associated Press, San Jose Mercury News, Bloomberg News, and USA Today

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION TASH HEPTING, GREGORY HICKS, CAROLYN JEWEL and ERIK KNUTZEN, on Behalf of Themselves and All Others Similarly Situated, ) ) ) ) ) Plaintiffs, ) ) v. ) ) AT&T CORP., et al. ) ) Defendants. ) ) ) ) ________________________________________ ) CASE NO. CV-06-0672-VRW [PROPOSED] ORDER GRANTING MOTIONS FOR LEAVE TO INTERVENE AND UNSEAL RECORDS Date: June 23, 2006 Time: 9:30 a.m. Place: Courtroom 6, 17th Floor [The Hon. Vaughn R. Walker] Complaint Filed: January 31, 2006

On June 23, 2006, the Motions for Leave to Intervene and to Unseal Documents filed by media intervenors San Francisco Chronicle, Los Angeles Times, San Jose Mercury News, The Associated Press, Bloomberg News, and USA Today division of Gannett Satellite Information Network (hereafter collectively "media intervenors") came on for hearing in this Court. All parties appeared by counsel and Karl Olson appeared for media intervenors.

Case No. CV-06-0672-VRW ­ [PROPOSED] ORDER GRANTING MOTIONS FOR LEAVE TO INTERVENE AND UNSEAL RECORDS

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:

Having read and considered the moving papers, opposition and reply thereto, and having heard argument by counsel, the Court HEREBY ORDERS: 1. The media intervenors' Motion to Intervene for the purpose of vindicating the

press and public's First Amendment and common law rights of access to information is GRANTED. 2. The media intervenors' Motion to Unseal any sealed documents in this case,

including (1) Plaintiffs' Motion for Preliminary Injunction (including but not limited to the Memorandum of Points and Authorities and Klein and Marcus Declarations mentioned in Docket Nos. 30-32); (2) AT&T's Motion to Compel Return of Confidential Documents (including but not limited to the documents mentioned in Docket Nos. 41-42, 58, 63, 117); (3) AT&T's Memorandum in Support of Filing Documents Under Seal (including but not limited to the documents mentioned in Docket Nos. 51, 61-62, 71-72) is GRANTED. 3. The Court has undertaken or will undertake a careful review of any allegedly

classified material submitted to it by the government to see whether compelling reasons support sealing of any such material and to ensure that, if any material is sealed, the sealing is narrowly tailored to make available the maximum amount of information to the public consistent with national security. Therefore, to the extent received by the Court for its consideration on the Government's Motion to Dismiss, all documents filed under seal in connection with that motion, including but not limited to documents mentioned in Docket Nos. 125, are unsealed, except as may be identified in a separate order. IT IS SO ORDERED.

The Honorable Vaughn R. Walker Judge, United States District Court Northern District of California
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Case No. CV-06-0672-VRW ­ [PROPOSED] ORDER GRANTING MOTIONS FOR LEAVE TO INTERVENE AND UNSEAL RECORDS

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