Meester v. Dept. of Justice

Filing 23

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Defendants' Motion to File Under Seal (filing no. 18 ) is granted in part. The Clerk of the court is directed to restrict public access to Filing No. 19 in its entirety. Defendants 9; Motion for Leave to Submit Cassette Tape of Administrative Hearing (filing no. 21 ) is granted. Defendants are directed to submit a cassette tape of the administrative hearing in this matter no later than October 29, 2012. The Clerk of the cour t will maintain the cassette tape in accordance with its normal procedures relating to physical evidence. Defendants shall also provide a copy of the cassette tape to Plaintiff by October 29, 2012. Defendants' Motion to Stay Discovery and for Briefing Schedule (filing no. 22 ) is granted. This matter is progressed as follows. No discovery shall be undertaken without leave of the court. The Clerk of the court is directed to set a pro se case management deadline in this case with the following text: December 17, 2012: Deadline for parties to submit motions for summary judgment. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DUANE MEESTER,
Plaintiff,
v.
DEPT. OF JUSTICE, Kansas City
Div of BATF&E, and WILLIAM L.
BOWERS, Director of Industry
Operation, Kansas City Division of
the Bureau of Alcohol, Tobacco,
Firearms and Explosives,
Defendants.

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8:12CV86

MEMORANDUM
AND ORDER

This matter is before the court on Defendants’ Motion to File Under Seal (filing
no. 18), Motion for Leave to Submit Cassette Tape of Administrative Hearing (filing
no. 21), and Motion to Stay Discovery and for Briefing Schedule (filing no. 22).
Plaintiff did not file a Response to any of these pending Motions. (See Docket
Sheet.) As set forth below, all of the Motions are granted.
In their Motion to File Under Seal, Defendants request that the court seal the
administrative record in this matter (filing no. 19) because it contains confidential
information such as Plaintiff’s home address, date of birth, and social security
number. (Filing No. 18.) For good cause shown, and in accordance with the court’s
Local Rules, the Motion to Seal is granted in part. It is apparent from Defendants’
Motion to File Under Seal that they seek restriction of public access to the
administrative record. (Filing No. 18.) Thus, rather than sealing the entire
administrative record, the court will restrict access to the entire administrative record

pursuant to NeCivR 5.0.3(c)(3).1 Also, for good cause shown, the court grants
Defendants’ Motion for Leave to Submit Cassette Tape of Administrative Hearing.
(Filing No. 21.)
In their Motion to Stay Discovery and for Briefing Schedule, Defendants note
that they have filed the entire administrative record relating to Plaintiff’s claims.
(Filing No. 22.) As such, Defendants request that the court stay discovery and “issue
a briefing schedule for either party to file a dispositive motion and supporting brief
in approximately 60 days.” (Id.) The court agrees that this matter may be resolved
without further discovery, based on the administrative record. As set forth above,
Plaintiff has not argued otherwise. (See Docket Sheet.) Thus, the Motion is granted
and this matter is progressed as set forth below.
IT IS THEREFORE ORDERED that:
1.

Defendants’ Motion to File Under Seal (filing no. 18) is granted in part.

2.
The Clerk of the court is directed to restrict public access to Filing No.
19 in its entirety.
3.
Defendants’ Motion for Leave to Submit Cassette Tape of
Administrative Hearing (filing no. 21) is granted.
4.

Defendants are directed to submit a cassette tape of the administrative

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According to the Clerk of the court, a sealed document or filing does not
appear on the public docket sheet at all. However, a restricted document or filing
appears on the public docket sheet as a docket entry, but the document or filing is not
viewable to the public. In this matter, Defendants do not seek to conceal from the
public the filing of the administrative record, but the content only. As such,
restriction, rather than sealing, is the appropriate remedy.
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hearing in this matter no later than October 29, 2012. The Clerk of the court will
maintain the cassette tape in accordance with its normal procedures relating to
physical evidence. Defendants shall also provide a copy of the cassette tape to
Plaintiff by October 29, 2012.
5.
Defendants’ Motion to Stay Discovery and for Briefing Schedule (filing
no. 22) is granted. This matter is progressed as follows.
6.

All motions for summary judgment shall be filed on or before December

17, 2012. The parties must comply with the provisions of NECivR 7.0.1 and NECivR
56.1 when filing summary judgment motions. The parties may file a response to any
motion for summary judgment, and a reply, in accordance with NECivR 7.0.1.
7.

No discovery shall be undertaken without leave of the court.

8.
The Clerk of the court is directed to set a pro se case management
deadline in this case with the following text: December 17, 2012: Deadline for parties
to submit motions for summary judgment.
DATED this 18th day of October, 2012.
BY THE COURT:
s/ John M. Gerrard
United States District Judge
*This opinion may contain hyperlinks to other documents or Web sites. The
U.S. District Court for the District of Nebraska does not endorse, recommend,
approve, or guarantee any third parties or the services or products they provide on
their Web sites. Likewise, the court has no agreements with any of these third parties
or their Web sites. The court accepts no responsibility for the availability or
functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or
directs the user to some other site does not affect the opinion of the court.
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