FDIC v. St. Paul Companies, et al

Filing 118

ORDER denying 102 MOTION for In Camera Inspection and Access to Grand Jury Materials with prejudice, with leave to file a miscellaneous action in this District seeking the release of the grand jury materials, by Magistrate Judge Michael E. Hegarty on 02/23/09. (wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-00115-MEH-BNB FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for BESTBANK, BOULDER, COLORADO, Plaintiff, v. ST. PAUL COMPANIES, and ST. PAUL FIRE AND MARINE INSURANCE COMPANY, as successors in interest to UNITED STATES FIDELITY & GUARANTY COMPANY, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ Defendants filed a Motion for Access to Grand Jury Materials [filed December 17, 2008; docket #102]. Initially, after hearing no objection from the United States Attorney's Office, the Court granted the motion. After that order was docketed, the United States Attorney's Office raised both a jurisdictional and a substantive objection to the release of grand jury materials. The Court held a hearing on the matter and permitted further briefing by all parties. The Court finds that no specific statutory provision addresses a Magistrate Judge's jurisdiction to order the release of grand jury materials in a consent case, nor is there any local rule or binding precedent addressing this issue. The parties cite a District of Arizona opinion finding such authority, albeit in a jurisdiction which has a specific local rule directly on point. Here, United States District Judge Richard Matsch presided over the criminal trial and has both the knowledge of the criminal case and the obvious interest in addressing any issue of release of grand jury records arising out of the case. Therefore, this Court will deny the Motion for Access to Grand Jury Materials without prejudice, with leave to file a miscellaneous action in this District seeking the release of the grand jury materials.

Dated at Denver, Colorado this 23rd day of February, 2009. BY THE COURT: s/ Michael E. Hegarty Michael E. Hegarty United States Magistrate Judge

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