USA

Filing 12

ORDER granting 8 Motion to Intervene; granting 8 Motion to Unseal Document 2 SEALED MOTION (Sealed - Attorney) to Seal Affidavits, Motion to Seal, and Order to Seal (available to USA), 3 Order on Sealed Motion, 4 Sealed Document. Signed by Magistrate Judge David S. Cayer on 1/13/2017. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:16-MC-00232-MOC-DSC

In re:
3545 Sharon Road, Charlotte, North
Carolina,
In re:
Richard C. Siskey
Petitioner USA.

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ORDER

On January 10, 2017, The Charlotte Observer Publishing Company d/b/a The Charlotte
Observer (“The Charlotte Observer”) filed its Motion to Intervene and Motion to Unseal Court
Records in this action (Doc. 8) seeking an order unsealing and providing public access to:
1.
The “Sealed Document: Unredacted Affidavit by USA” filed December 21,
2016 (Doc. No. 5);
2.
The “Sealed Document: Redacted Affidavit by USA” filed December 21,
2016 (Doc. No. 4);
3.
The “Sealed Motion to Seal Affidavits, Motion to Seal and Order to Seal”
filed December 21, 2016 (Doc. No. 2); and
4.
The “Order Granting Sealed Motion to Seal Affidavits, Motion to Seal and
Order to Seal” filed December 21, 2016 (Doc. No. 3), as well as any other judicial records
which have been filed under seal in connection with this matter or otherwise related to
Richard C. Siskey and/or 3545 Sharon Road, Charlotte, North Carolina.
On January 12, 2017, the United States of America, by and through Jill Westmoreland
Rose, filed its Response to Motion to Unseal Court Records (Doc. No. 10) declaring that the United
States does not oppose the unsealing of the Motion to Seal, the Order and the redacted Affidavit
(Docs. No. 2, 3 and 4) because there is no longer a need to protect the confidentiality of an ongoing
criminal investigation of Richard C. Siskey. The United States does object to the unsealing of the

unredacted Affidavit (Doc. No. 5) based on statutory confidentiality requirements pursuant to 26
U.S.C. §6103(i)(4).
Counsel for The Charlotte Observer and counsel for the United States have informed the
Court that, in an effort to further judicial economy: (1) that they have consulted, (2) that The
Charlotte Observer requests that the Court enter an order unsealing Documents 2, 3 and 4, and (3)
that the United States does not object to the entry of such an order. Upon review of those unsealed
documents, The Charlotte Observer will determine whether it wishes to pursue its Motion to
Unseal any remaining documents it has requested be unsealed.
Based upon the request of The Charlotte Observer and the absence of any objection by the
United States, as herein noted, IT IS THERFORE ORDERED that The Charlotte Observer’s
Motion to Intervene and Motion to Unseal Court Records is GRANTED as to the Motion to
Intervene for the limited purpose of seeking the unsealing of certain records in this proceeding,
and is further GRANTED as to the unsealing of Documents 2, 3 and 4. The Court directs that the
Clerk of Court for the Western District of North Carolina unseal these three documents and make
them available for public access.
SO ORDERED.
Signed: January 13, 2017