United States of America ex rel. v. American University of Beirut

Filing 35

OPINION AND ORDER: For the foregoing reasons, the request to unseal the Court's May 15, 2017, Opinion and Order in redacted format is GRANTED and the request to unseal the entire case is DENIED. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/27/2017) (ama)

record because jurisdiction over this aspect of the case has been transferred to the Second
Circuit.
Here, counsel for the Relator filed a notice of appeal with the Second Circuit on June 2,
2017. The issue on appeal will be whether this Court erred in granting AUB’s request for a
limited, continued sealing of the relator’s name—the precise issue raised in Ms. Blum’s letter.
(See Dkt. No. 33.) “[A] federal district court and a federal court of appeals should not attempt to
assert jurisdiction over a case simultaneously.” Griggs v. Provident Consumer Disc. Co., 459
U.S. 56, 58 (1982). Counsel’s “filing of a notice of appeal is an event of jurisdictional
significance—it confers jurisdiction on the court of appeals and divests the district court of its
control over those aspects of the case involved in the appeal.” Id.
For the foregoing reasons, the request to unseal the Court’s May 15, 2017, Opinion and
Order in redacted format is GRANTED and the request to unseal the entire case is DENIED.
SO ORDERED.
Dated: July 27, 2017
New York, New York

____________________________________
J. PAUL OETKEN
United States District Judge

2

EXHIBIT A