Free Motion to Seal - District Court of Connecticut - Connecticut

Case 3:03-cv-00350-MRK

Document 108

Filed 07/20/2005

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

ADAP, INC.

VS. RITZ REALTY CORP. and AVALONBAY COMMUNITIES, INC.

: CASE NO. 303CV350(MRK) : : : : : : JULY 20, 2005

MOTION FOR PERMISSION TO FILE UNDER SEAL PURSUANT TO LOCAL RULE 5(d) Defendant AvalonBay Communities, Inc. ("AvalonBay"), hereby respectfully files this Motion for Permission to File Under Seal Pursuant to Local Rule 5(d). Pursuant to the Joint Trial Memorandum Instructions in Nonjury Cases for the Honorable Mark R. Kravitz (revised 11/03) and the Court's Scheduling Orders, the parties were required to submit to Judge Kravitz a marked-up version of their deposition transcripts on July 19, 2005. On July 19, 2005, the parties received an extension of time from the Court's office to submit their deposition transcripts on July 20, 2005. Defendants have designated certain deposition testimony that Plaintiff claimed was confidential pursuant to a confidentiality agreement entered into by the parties during discovery. Consistent with the terms of the confidentiality agreement, AvalonBay is submitting in accordance with the filing procedures of Local Rule 5(d) those portions of the deposition testimony to which Plaintiff claimed confidentiality, so as to afford Plaintiff the opportunity to seek an order sealing the subject information and testimony. Because the testimony at issue is Plaintiff's, AvalonBay takes no position as to whether it should remain under seal.

ORAL ARGUMENT NOT REQUESTED

Case 3:03-cv-00350-MRK

Document 108

Filed 07/20/2005

Page 2 of 3

DEFENDANT, AVALONBAY COMMUNITIES, INC.

By_____________________________________ Joseph L. Hammer (ct00446) David M. Bizar (ct20444) Day, Berry & Howard LLP CityPlace I Hartford, CT 06103-3499 Tel: (860) 275-0100 Fax: (860) 275-0343 E-mail: [email protected] [email protected]

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Case 3:03-cv-00350-MRK

Document 108

Filed 07/20/2005

Page 3 of 3

CERTIFICATION THIS IS TO CERTIFY that a copy of the foregoing was sent this 19th day of July, 2005, via first class mail, postage prepaid to: Bruce L. Elstein, Esq. Elstein & Elstein 1087 Broad Street Bridgeport, CT 06604-4294 Phone: (203) 367-4421 Fax: (203) 366-8615

Andrew L. Houlding, Esq. Rome McGuigan Sabanosh, P.C. One State Street Hartford, CT 06103-3101 Phone: (860) 493-3468 Fax: (860) 724-3921

____________________________________ Joseph L. Hammer

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