Free Motion to Seal Document - District Court of Colorado - Colorado

Case 1:04-cv-00435-REB-MJW

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Filed 10/17/2005

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UNITED STATES DISTRICT COURT, DISTRICT OF COLORADO Civil Action No. 04-RB-435 (MJW) JON F. MCCLELLAND, on behalf of himself and all persons similarly situated, Plaintiff, v. DIRECTV, INC., et. al., Defendants. ) ) ) ) ) ) ) )

PLAINTIFF'S REQUEST TO SEAL EXHIBIT 15 TO THE MOTION FOR VACATING OR MODIFICATION OF THE ORDER GRANTING DEFENDANTS' MOTION TO COMPEL ARBITRATION AND TO THIS MOTION
On October 17, 2005, plaintiff JON F. MCCLELLAND, filed a motion [docket entry #27] for an order vacating or modifying this Court's previous order compelling arbitration. That motion included and made reference to Exhibit 15 [docket entry #28] which was submitted electronically for filing under seal. The same day the Clerk's Office contacted plaintiff's counsel and requested a separate motion to seal Exhibit 15 be filed. Accordingly, plaintiff hereby requests the Court ordered that Exhibit 15, which has been filed under seal, remain under seal. As explained in the motion to vacate, Exhibit 15 is a collection of financial statements and disclosures (financial affidavit, bank statements, profit and loss statement) plaintiff submitted to the American Arbitration Association in connection with his application for a waiver of the arbitration fees. Their contents are summarized in the motion to vacate but Exhibit 15 includes personal account information that has no bearing on this case and which would be of interest to identity thieves. Those documents were shown only to AAA, were not shared with opposing counsel or the general public, and were returned by AAA to

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plaintiff's counsel when it refused to accept the case for arbitration. (Wilens Declaration, ¶ 2.) The documents should remain under seal and accessible only to the Court for purposes of considering the underlying motion to vacate. CONCLUSION

5 For the above stated reasons, plaintiff respectfully urges the court to order Exhibit 15 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 remain sealed. DATED: October 17, 2005 Respectfully submitted, By ____s/Jeffrey Wilens___________ Jeffrey Wilens, Esq. LAKESHORE LAW CENTER 17476 Yorba Linda Blvd. #221 Yorba Linda, CA 92886 714-854-7205 714-854-7206 (fax) email: [email protected] Attorney for Plaintiff

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DECLARATION OF JEFFREY WILENS I, JEFFREY WILENS, hereby declare: 1. I am the attorney of record for plaintiff in this matter. I could and would competently testify to the below stated facts of my own personal knowledge if called as a witness. 2. Exhibit 15 is a collection of financial statements and disclosures (financial affidavit, bank statements, profit and loss statement) plaintiff submitted to the American Arbitration Association in connection with his application for a waiver of the arbitration fees. Their contents are summarized in the motion to vacate but Exhibit 15 includes personal account information that has no bearing on this case and which would be of interest to identity thieves. Those documents were shown only to AAA, were not shared with opposing counsel or the general public, and were returned by AAA to plaintiff's counsel when it refused to accept the case for arbitration. I declare under penalty of perjury under the laws of the State of California and the United States that the foregoing is true and correct, except as to those matters stated on information and belief, and as to those matters I believe them to be true. Executed on October 17, 2004 at Yorba Linda, California. By _______s/Jeffrey Wilens____________ JEFFREY WILENS Attorney for Plaintiff

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PARTY SERVED:

Directv, Inc., Hughes Electronics Corporation, General Motors Corporation, Yarmuth Wilsdon Calfo, Greer, Herz & Adams, Stump, Storey, Callahan & Dietrich, Directv End User Development Group, Directv End User Recovery Project, Secure Signals International, and McGinnis Group International, The News Corporation, Ltd., and Fox Entertainment Group, Inc., through their attorneys of record, Mr. Dale Oliver, Esq., Mr. Michael Williams, Esq., Quinn Emanuel Urquhart Oliver & Hedges LLP, 865 South Figueroa Street, 10th Floor, Los Angeles, CA 90017. EMAIL ADDRESS [email protected] Mr. John A. DeSisto, Esq., Featherstone Desisto LLP, 600 17th Street, Suite 2400, Denver, CO 80202. EMAIL ADDRESS [email protected]

DOCUMENT SERVED:

Plaintiff's Motion to Seal Exhibit 15 to the Motion to Vacate or Modify the Arbitration Order--Plaintiff Jon F. McClelland, et. al., v. Directv, Inc., et. al., United States District Court for District of Colorado, Case No. 04-cv-435RB-MJW. CERTIFICATE OF SERVICE

I hereby certify that on October 17, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the foregoing email addresses. I am a citizen of the United States and a resident of Orange County, State of California. I am over the age of 18 years and not a party to this action within. My business address is 17476 Yorba Linda Blvd., Suite 221, Yorba Linda, CA 92886. I declare under penalty of perjury and under the laws of the United States, that the foregoing is true and correct. Executed this 17th day of October 2005 at Yorba Linda, California. By __s/Jeffrey Wilens________ Jeffrey Wilens, Esq. LAKESHORE LAW CENTER 17476 Yorba Linda Blvd. #221

Case 1:04-cv-00435-REB-MJW

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Yorba Linda, CA 92886 714-854-7205 714-854-7206 (fax) email: [email protected] Attorney for Plaintiff