Toffoloni v. LFP Publishing Group, LLC

Filing 118

Request to File Original Discovery Under Seal by LFP Publishing Group, LLC.(Solomon, Darrell)

Toffoloni v. LFP Publishing Group, LLC

Doc. 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA

MAUREEN TOFFOLONI, as Administrator and Personal Representative of the ESTATE OF NANCY E. BENOIT, Plaintiff, vs. LFP PUBLISHING GROUP, LLC, d/b/a Hustler Magazine, et al,, Defendant.

CASE NO. 1:08-cv-00421-TWT

DEFENDANT'S NOTICE REQUESTING FILING OF PLAINTIFF'S ORIGINAL EXPERT REPORT UNDER SEAL Defendant LFP Publishing Group, LLC ("LFP"), through undersigned counsel, herewith requests that Plaintiff manually file the original Expert Report of Usha Nair-Reichert, Ph.D. (the "Expert Report") with the Court under seal. The Expert Report contains financial information produced to Plaintiff by LFP in discovery and designated "Confidential" in accordance with the Court's December 22, 2009 Stipulated Protective Order Governing Confidential Material and Inadvertent Production of Privileged Information, Docket Index 70 (the

Dockets.Justia.com

"Protective Order") and, accordingly, the Expert Report should be filed under seal in accordance with Paragraph 9 of the Protective Order. LFP further notes that Plaintiff apparently inadvertently electronically filed with the Court a copy of the Expert Report (see Docket Index 115-5) without redacting the information designated "Confidential" by LFP. LFP therefore also hereby requests that Plaintiff take appropriate measures to correct the oversight and ensure that public access through the CM/ECF system is denied to those portions of the Expert Report containing information designated "Confidential" pursuant to the Protective Order. Respectfully submitted this 22nd day of July 2010.

/s/ Darrell J. Solomon James C. Rawls Georgia Bar No. 596050 Barry J. Armstrong Georgia Bar No. 022055 S. Derek Bauer Georgia Bar No. 042537 Darrell J. Solomon Georgia Bar No. 305922 McKENNA LONG & ALDRIDGE LLP 303 Peachtree Street, NE, Suite 5300 Atlanta, Georgia 30308 [phone] [phone] (facsimile)

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Pro hac vice: Paul J. Cambria, Jr. Jeffrey Reina William M. Feigenbaum LIPSITZ GREEN SCIME CAMBRIA LLP 42 Delaware Avenue, Suite 120 Buffalo, New York 14202-3924 [phone] [phone] (facsimile) Attorneys for LFP Publishing Group, LLC

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CERTIFICATE OF SERVICE This is to certify that I have this day filed the within and foregoing DEFENDANT'S NOTICE REQUESTING FILING OF PLAINTIFF'S ORIGINAL EXPERT REPORT UNDER SEAL via the CM/ECF system which will automatically send notification to Plaintiff's attorneys of record, who are participants in the CM/ECF system. This 22nd day of July 2010.

/s/ Darrell J. Solomon Darrell J. Solomon Georgia Bar No. 305922 MCKENNA LONG & ALDRIDGE LLP 303 Peachtree Street, NE, Suite 5300 Atlanta, Georgia 30308 [phone] [phone] (facsimile)

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