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MCCONNELL v. FEDERAL ELECTION COMMISSION

United States District Court, District of Columbia


May 2, 2003

SENATOR MITCH MCCONNELL, ET AL., PLAINTIFFS,
v.
FEDERAL ELECTION COMMISSION, ET AL., DEFENDANTS. NATIONAL RIFLE ASSOCIATION OF AMERICA, ET AL., PLAINTIFFS, V. FEDERAL ELECTION COMMISSION, ET AL., DEFENDANTS. EMILY ECHOLS, A MINOR CHILD, BY AND THROUGH HER NEXT FRIENDS, TIM AND WINDY ECHOLS, ET AL., PLAINTIFFS, V. FEDERAL ELECTION COMMISSION, ET AL., DEFENDANTS. CHAMBER OF COMMERCE OF THE UNITED STATES, ET AL., PLAINTIFFS, V. FEDERAL ELECTION COMMISSION, ET AL., DEFENDANTS. NATIONAL ASSOCIATION OF BROADCASTERS, PLAINTIFF, V. FEDERAL ELECTION COMMISSION, ET AL., DEFENDANTS. AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, ET AL., PLAINTIFFS, V. FEDERAL ELECTION COMMISSION, ET AL., DEFENDANTS. CONGRESSMAN RON PAUL, ET AL., PLAINTIFFS, V. FEDERAL ELECTION COMMISSION, ET AL., DEFENDANTS. REPUBLICAN NATIONAL COMMITTEE, ET AL., PLAINTIFFS, V. FEDERAL ELECTION COMMISSION, ET AL., DEFENDANTS. CALIFORNIA DEMOCRATIC PARTY, ET AL., PLAINTIFFS, V. FEDERAL ELECTION COMMISSION, ET AL., DEFENDANTS. VICTORIA JACKSON GRAY ADAMS, ET AL., PLAINTIFFS, V. FEDERAL ELECTION COMMISSION, ET AL., DEFENDANTS. REPRESENTATIVE BENNIE G. THOMPSON, ET AL., PLAINTIFFS, V. FEDERAL ELECTION COMMISSION, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Colleen Kollar-kotelly, United States District Judge

ORDER

For the reasons stated in the accompanying Memorandum Opinion, and consistent with the broad discretion granted to this Court, it is, this 2nd of May, 2003, hereby,

ORDERED that the parties responsible for filing the evidentiary record, inclusive of documents and testimony, shall re-file, as part of the public record, an unredacted version of the previously sealed portions of the record, provided that:

1. The Three-Judge District Court relies on the source to support a proposition cited in its Opinions or Findings of Fact,

2. The Court has not otherwise indicated, by sealing the citation, that the supporting document should remain under seal, and

3. The Court has not quoted directly from the source, relieving the party in question of its obligation to disclose a physical copy of the cited material; and it is further

ORDERED that the parties responsible for re-filing portions of the evidentiary record, inclusive of documents and testimony, relied upon by the Three-Judge District Court need only disclose the precise portion of the source indicated in the citation; and it is further

ORDERED that personal information, including telephone and fax numbers, bank account and credit card information, and e-mail and general mailing addresses, may be redacted from the disclosed documents; and it is further

ORDERED that, in regard to Judge Henderson's Opinion, where she cites to portions of Defendants' Amended Proposed Findings of Fact and Defendant Intervenors' Proposed Findings of Fact, Defendant and Defendant Intervenors shall redact the following portions of the cited material:

Defendants' Amended Proposed Findings of Fact:

¶ 95

¶ 100

¶ 123, lines 5, 6, and line 7 through the identification of the sealed document.
¶ 142

¶ 164

¶ 676

Defendant Intervenors' Proposed Findings of Fact:

¶ 27, line 11, beginning with the identification of the document, and continuing until the end of the finding;
and it is further

ORDERED that the following Findings in Judge Kollar-Kotelly's Findings of Fact contain documents that have been sealed and shall not be disclosed by the parties, as indicated in the Findings:

¶ 171.3

¶ 1.74.3

¶ 1.78.1

¶ 2.6.5.1

and it is further

ORDERED that the following Findings in Judge Leon's Findings of Fact contain documents that have been sealed and shall not be disclosed by the parties as indicated in the

Findings:

¶ 34

¶ 238

¶ 240

and it is further

ORDERED that the parties shall re-file with the Court on the public record un-redacted briefs disclosing only what has been cited in the Opinions of the Three-Judge District Court and not sealed consistent with the rest of this Order. If not cited to by the Three-Judge District Court in its Opinions, the evidentiary references in the briefs shall remain under seal; and it is further

ORDERED that, where the parties filed unsealed exhibits and evidentiary records with the Court in conjunction with sealed material, the parties shall segregate those portions that were not filed under seal and refile them with the Court as part of the public record; and it is further

ORDERED that the parties responsible for re-filing documents and the evidentiary record relied upon by the Three-Judge District Court, including any briefings, evidentiary records, or findings of fact originally filed with the Court under seal, shall comply with this Order no later than ten (10) days after the Three-Judge District Court has released its decision.

SO ORDERED.

20030502

© 1992-2003 VersusLaw Inc.



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