Tobey v. Napolitano et al

Filing 25

MOTION to Seal First Amended Complaint (Identifying Federal Pseudonym Parties) by Aaron Tobey. (Knicely, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
AARON TOBEY,
Plaintiff,
V.
JANET NAPOLITANO, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Civil Action No. 3:11cv154-HEH

MOTION TO FILE FIRST AMENDED COMPLAINT
UNDER SEAL
COMES NOW Plaintiff Aaron Tobey, by counsel, and herewith seeks leave of
court to file his First Amended Complaint under seal, and states as follows:
1.

By Order entered on May 17, 2011, pursuant to agreement between

counsel, plaintiff was given leave to file his First Amended Complaint.
2.

On May 26, 2011, the United States filed its unopposed Motion for

Stipulated Protective Order (the “Protective Order Motion”).
3.

Under the proposed Protective Order attached to the Protective Order

Motion, the publicly filed version of plaintiff’s First Amended Complaint contains
pseudonyms for the Federal “John Smith” defendants, but the original First Amended
Complaint, containing the John Smith defendants’ actual names, is to be filed under seal.
4.

In light of the fact that as of this time the Court has not yet considered or

entered the proposed Stipulated Protective Order submitted on May 26, 2011, plaintiff is
enclosing, attached to this Motion, the original, signed First Amended Complaint
identifying by name the “John Smith” defendants in a sealed brown envelope marked

1

“UNDER SEAL”, and hereby requests that the Clerk hold it under seal and file it in the
case file for this case, assuming the Proposed Stipulated Protected Order is entered by the
Court, and/or otherwise hold the said original First Amended Complaint under seal until
further Order of Court.
WHEREFORE, for the reasons stated herein, and subject to the terms and
conditions stated herein, plaintiff hereby respectfully requests leave of Court to file the
original First Amended Complaint under seal.
Dated this 27th day of May, 2011
Respectfully submitted,
By:

/s/ James J. Knicely___________________
James J. Knicely (VSB #19356)
Robert Luther III (VSB #78766)
KNICELY & ASSOCIATES, P.C.
487 McLaws Circle, Suite 2
Williamsburg, Virginia 23185
[phone] (phone)
[phone] (fax)
[e-mail]
Anand Agneshwar (admitted pro hac vice)
Alan C. Veronick (admitted pro hac vice)
ARNOLD & PORTER, LLP
399 Park Avenue
New York, New York 10022-4690
[phone] (phone)
(212) 212-715.1399 (fax)
[e-mail]
Of Counsel
John W. Whitehead (VSB #20361)
Douglas R. McKusick (VSB #72201)
The Rutherford Institute
1440 Sachem Place
Charlottesville, Virginia 22906
Of Counsel
Participating Attorneys for

2

THE RUTHERFORD INSTITUTE
Attorneys for Plaintiff, AARON TOBEY

CERTIFICATE OF SERVICE
I hereby certify that on May 27, 2011, the foregoing Motion to File First
Amended Complaint Under Seal (without attachment) was electronically filed with the
Clerk of Court using the CM/ECF system, which will send notification of such filing to:
Carlotta P. Wells, Esquire
U.S. Department of Justice – Civil Division
20 Massachusetts Avenue NW – Rm. 7152
Washington, D.C. 20530
[e-mail]
Debra J. Prillaman, Esquire
Robin Perrin Meier, Esquire
Office of the United States Attorney for the Eastern District of Virginia
600 East Main St., Suite 1800
Richmond, Virginia 23219-2447
[e-mail]
[e-mail]
Paul W. Jacobs, II, Esquire
Henry I. Willett, Esquire
Belinda D. Jones, Esquire
CHRISTIAN & BARTON, LLP
909 East Main St., Suite 1200
Richmond, Virginia 23219-3095
[e-mail]
[e-mail]
[e-mail]
I also hereby certify that on May 27, 2011, the attachment will be sent by certified
U.S. mail to:
Carlotta P. Wells, Esquire
U.S. Department of Justice – Civil Division
20 Massachusetts Avenue NW – Rm. 7152
Washington, D.C. 20530,
and will be served on May 31, 2011, by personal service on:
Robin Perrin Meier, Esquire

3

Office of the United States Attorney for the Eastern District of Virginia
600 East Main St., Suite 1800
Richmond, Virginia 23219-2447
and by personal service on May 31, 2011, on:
Paul W. Jacobs, II, Esquire
CHRISTIAN & BARTON, LLP
909 East Main St., Suite 1200
Richmond, Virginia 23219-3095
Respectfully Submitted,

By:

/s/ James J. Knicely___________________
James J. Knicely (VSB #19356)
KNICELY & ASSOCIATES, P.C.
487 McLaws Circle, Suite 2
Williamsburg, Virginia 23185
[phone] (phone)
[phone] (fax)
[e-mail]
Participating Attorneys for
THE RUTHERFORD INSTITUTE
Attorneys for Plaintiff, AARON TOBEY

4