Snyder v. Phelps et al

Filing 151

MOTION to Seal Report of Neil Blumberg, M.D., F.A.P.A.(Exhibit A to Motion in Limine to Preclude Dr. Blumberg from Presenting Hearsay Evidence), and Motion in Limine to Preclude any Evidence or Testimony Concerning Sexual Issues by Albert Snyder. Responses due by 10/22/2007 (Attachments: # 1 Text of Proposed Order)(Summers, Sean)

Snyder v. Phelps et al

Doc. 151

IN THE UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND ALBERT SNYDER, Plaintiff Civil Action No. 06-CV-1389 RDB v. FRED W. PHELPS, SR., SHIRLEY L. PHELPS-ROPER; REBEKAH A. PHELPS-DAVIS; and WESTBORO BAPTIST CHURCH, INC. Defendants PLAINTIFF'S INTERIM SEALING MOTION PURSUANT TO L.R. 104.13(c) Plaintiff, Albert Snyder, by and through his undersigned counsel, files the following Motion pursuant to L.R. 104.13(c): 1. By Order of February 23, 2007, your Honorable Court approved the parties'

Stipulated Order Regarding Confidentiality of Discovery Material (Doc. 66). 2. 3. Trial in this matter is scheduled to begin October 22, 2007. Defendants Fred W. Phelps, and Westboro Baptist Church, Inc., have identified

several expert witnesses, one being Dr. Neil Blumberg, M.D., F.A.P.A., who has prepared and submitted a forensic psychiatric evaluation report of Plaintiff Snyder dated July 11, 2007. 4. Plaintiff intends to file a motion in limine to preclude Dr. Blumberg from

presenting hearsay evidence contained in the report, and in connection with that motion will attach a copy of the doctor's report. 5. Dr. Blumberg's report necessarily contains confidential information with regard

to Plaintiff Snyder and has been marked as Confidential in accordance with the previous Confidentiality Stipulation and Order in this matter.

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6.

Plaintiff believes and therefore avers that the filing of Dr. Blumberg's report

under seal will prevent public disclosure of confidential information disclosed during the course of discovery and will accord with the terms of the Confidentiality Stipulation and Order. 7. In addition, Plaintiff intends to file a motion in limine to prohibit trial testimony

or evidence regarding sexual issues. 8. Plaintiff believes and therefore avers that the filing under seal of the motion in

limine to prohibit sexual testimony will prevent public disclosure of confidential information disclosed during the course of discovery and will accord with the terms of the Confidentiality Stipulation and Order. WHEREFORE, Plaintiff, Albert Snyder, respectfully requests your Honorable Court permit the filing under seal of his motion in limine to preclude Dr. Blumberg from presenting hearsay evidence at trial as well as his motion in limine to prohibit testimony regarding sex. BARLEY SNYDER LLC By: /s/ Sean E. Summers _____________________________________ Paul W. Minnich Sean E. Summers 100 East Market Street P.O. Box 15012 York, PA 17405-7012 [phone] Craig T. Trebilcock Shumaker Williams PC 135 North George Street York, PA 17401 [phone]
2067900

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CERTIFICATE OF SERVICE I hereby certify that on this date I have served true and correct copies of Plaintiff's Interim Sealing Motion by as follows: Via ECF: Jonathan L. Katz, Esq. Marks & Katz, LLC 1400 Spring Street Suite 410 Silver Spring, MD 20910 Via first class mail: Shirley L. Phelps-Roper 3640 Churchill Road Topeka, KS 66604 Rebekah A. Phelps-Davis 1216 Cambridge Topeka, KS 66604 BARLEY SNYDER LLC By: /s/ Sean E. Summers __________________________________ Paul W. Minnich Sean E. Summers 100 East Market Street P.O. Box 15012 York, PA 17405-7012 [phone] Craig T. Trebilcock Shumaker Williams PC 135 North George Street York, PA 17401 [phone] October 3, 2007