Sleboda v. Puskas et al

Filing 60

ORDER pursuant to the 54 JOINT MOTION by all parties, excluding George Michael Puskas, II, to unseal documents and provide access to all investigative materials; if the parties desire to pursue the unsealing request and continue to seek prod uction of the United States' investigative files, they may renew their request, accompanied by a comprehensive memorandum of law supporting the relief requested, by 3/20/2015; if filed, the parties are directed to serve a copy of the papers o n R. Booth Goodwin II, United States Attorney, who may respond, along with Mr. Puskas, by 4/8/2015, with any reply due by 4/17/2015. Signed by Judge John T. Copenhaver, Jr. on 3/3/2015. (cc: R. Booth Goodwin II, United States Attorney; counsel of record; and any unrepresented parties) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
KATELYN GRACE SLEBODA,
Plaintiff,
v.

Civil Action No. 2:13-30805

GEORGE MICHAEL PUSKAS, II,
individually and in his capacity
as a police officer for the
Town of Ripley, West Virginia,
RAYMOND ANDREW WILLIAMS, in his capacity
as a police officer for the
Town of Ripley, West Virginia,
THE TOWN OF RIPLEY POLICE DEPARTMENT and
RIPLEY YOUTH SOCCER CLUB
(a Soccer Association) and
SHERRI STAHLMAN, in her capacity as
Registrar and District Representative, and
CLYDE KENNY, in his capacity as
a Police Officer of and for
The Town of Ripley Police Department
Defendants.
MEMORANDUM OPINION AND ORDER
Pending is the joint motion by all parties, excluding
George Michael Puskas, II, to unseal documents and provide
access to all investigative materials, filed February 12, 2015.
There are two criminal actions previously adjudicated
that involve Mr. Puskas, namely, United States v. Puskas, 2:130008, and United States v. Puskas, 2:13-164.

The parties, with

the exception of Mr. Puskas, who is proceeding pro se, seek an
apparent trove of documents from the two criminal actions and
beyond.

An excerpt from the joint motion provides as follows:

By information, your undersigned counsel verily
believe that direct and indirect relevant and
discoverable evidence exists as a part of evidentiary
submissions received by this Court during the
aforementioned criminal proceeding and filed with the
Court either in a redacted or sealed capacity.
Additionally, direct and indirect relevant and
discoverable evidence referred to by counsel for the
Government during the criminal proceedings may be
currently held in the files of the United States
Attorney for the Southern district of West Virginia
and/or its investigators employed or assigned to
investigate and gather information in the underlying
and heretofore identified criminal case.
(Mot. at 2-3).
In support of their request, the parties recite the
familiar rules governing public access to court documents.
noted, Mr. Puskas does not join in the motion.

As

Additionally,

the United States has not been heard on the matter.

The

analysis is further hampered by the fact that the parties have
not specified the specific docket entries they wish to examine
or the possible documents in the United States’ possession,
including presumably grand jury materials, meriting disclosure.
The untailored showing presently before the court
provides no basis for the broad relief requested.

For example,

one of the sealed documents found in the official file is the

2

presentence report.

That type of document is scrupulously

protected by federal law.

See United States v. Allen, 716 F.3d

98, 104 (4th Cir. 2013) (noting “PSRs have always been jealously
guarded ... by the federal courts.”) (internal citations
omitted).
If the parties desire to pursue the unsealing request
and continue to seek production of the United States’
investigative files, they may, on or before March 20, 2015,
renew their request, accompanied by a comprehensive memorandum
of law supporting the relief requested.

If filed, the parties

are directed to serve a copy of the papers on R. Booth Goodwin
II, United States Attorney, who may respond, along with Mr.
Puskas, on or before April 8, 2015, with any reply due on or
before April 17, 2015.
The Clerk is directed to transmit a copy of this
written opinion and order to R. Booth Goodwin II, United States
Attorney, all counsel of record and any unrepresented parties.
ENTER:

March 3, 2015

John T. Copenhaver, Jr.
United States District Judge

3