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Forfeit/Penalty: Other | Hawaii
Notice of Appearance
NOTICE of Appearance by Jonathan D. Slack on behalf of United States of America on behalf of United States of America. (Slack, Jonathan)
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EO: On May 26, 2026, the district court issued an 79 Order (1) Sustaining in Part and Overruling in Part Claimant's Objections to Decision of U.S. Magistrate Judge, and (2) Granting in Part and Denying in Part Government's Motions for Leave to Amend and to Stay. Therein, the district court directed the government "to provide written, quarterly updates on the status of its criminal investigation." ECF No. 79 at 19. The district court stated that the status updates "may be filed under seal, as appropriate." Id.
On August 26, 2026, the government filed a 92 Motion to Seal and File Ex Parte United States' Status Update Regarding Criminal Investigation ("Motion"). In the Motion, the government asserts that the information it will submit in the status update "is highly confidential as it relates to an ongoing investigation(s)." ECF No. 92 at 2.
Settled Ninth Circuit law establishes a strong presumption of public access to judicial records, requiring any party seeking to seal them to show compelling reasons that overcome the public's right of access. Civil Beat Law Ctr. for the Pub. Interest, Inc. v. Maile, 117 F.4th 1200, 120708 (9th Cir. 2024); Oregonian Publg Co. v. U.S. Dist. Ct., 920 F.2d 1462, 1466 (9th Cir. 1990). The sealing request must be narrowly tailored and employ less restrictive alternatives where feasible, including targeted redactions when only portions of a document are claimed to be sealable. Maile, 117 F.4th at 1211 (finding that mandatory sealing of the entire record is not the least restrictive means available to protect privacy interests when redactions can protect that interest).
The Motion does not discuss the "compelling reasons" standard or explain why less restrictive alternatives, such as redactions, are not feasible. The Court DIRECTS the government to file a supplemental brief that addresses the foregoing issues. The government's supplemental brief is due by 09/14/2026. IT IS SO ORDERED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm2)
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