Doe v. Harlandale Independent School District

Western District of Texas, txwd-5:2018-cv-00889

COPY OF APPELLANTS UNOPPOSED MOTION TO VIEW SEALED DOCUMENTS

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT FILED No. 19-50654 SEP 16 2019 COPY CLERK, U.S. DISTRICT COURT WESTERN DISTRITON TEXAS DEPUTUJCLERK BY. JON HARLANDALE-GA DOE Plaintiff-Appellant HARLANDALE INDEPENDENT SCHOOL DISTRICT Defendant-Appellee On appeal from the United States District Court, Western District of Texas, San Antonio Division 5:18-CV-889-OLA APPELLANT'S UNOPPOSED MOTION TO VIEW SEALED DOCUMENTS GORMAN LAW FIRM, pllc Terry P. Gorman, Esq. Texas Bar No. 08218200 tgorman@school-law.co 901 Mopac Expressway South, Suite 300 Austin, Texas 78746 Telephone: (512) 980-4556 Telecopier: (512) 597-1455 COUNSEL FOR JON HARLANDALE-GA DOE APPELLANT'S UNOPPOSED MOTION TO VIEW SEALED DOCUMENTS glaw 2019.09.13 APPELLANT'S UNOPPOSED MOTION TO VIEW SEALED DOCUMENTS COMES NOW Appellant JON HARLANDALE-GA DOE ("Doe") and moves this Court to require the district court to release to Appellant Doe's counsel certain documents filed under seal in the underlying District Court matter and not provided with the Electronic Record on Appeal. 1. Appellant Doe requests that Defendant's Unopposed Motion for Leave to File Exhibits Under Seal (Dkt# 13), along with the referenced Exhibits A-1 through A-3 and B-1 through B-4 and proposed Order filed on May 6, 2019, which were placed under seal, be released to be viewed by Appellant Doe's counsel for purposes of preparing Appellant Doe's Brief and supplementing the record on appeal. Appellant Doe further requests that it be allowed to provide the sealed documents to Appellee's counsel as well, if Appellant Doe refers to any of these sealed documents in its Brief or submits them to this appellate court to supplement the record. 2. Appellant Doe is requesting these documents be released for viewing so that Appellant Doe's counsel may properly prepare its Brief. This request is not made for the purposes of delay or harassment, but so that justice is served. APPELLANT'S UNOPPOSED MOTION TO VIEW SEALED DOCUMENTS glaw 2019.09.13 Case 5:18-cv-00889-OLG Document 21-2 Filed 09/16/19 Page 3 of 5 WHEREFORE, PREMISES CONSIDERED, Appellant Doe respectfully requests that this Court grant its Appellant's Unopposed Motion to View Sealed Documents and release Defendant's Sealed Unopposed Motion for Leave to File Exhibits Under Seal, proposed Order and Sealed Exhibits A-1 through A-3 and B-1 through B-4, referenced as Dkt. 13, to Appellant Doe's counsel for purposes of preparing its Brief and supplementing the record on appeal. Respectfully submitted on September 13, 2019. GORMAN LAW FIRM, plic Fun Ar Wall Pi delnen By: Terry P. Gorman, Esq. Texas Bar No. 08218200 tgorman@school-law.co 901 Mopac Expressway South, Suite 300 Austin, Texas 78746 Telephone: (512) 980-4556 Telecopier: (512) 597-1455 COUNSEL FOR APPELLANT JON HARLANDALE-GA DOE APPELLANT'S UNOPPOSED MOTION TO VIEW SEALED DOCUMENTS glaw 2019.09.13 CERTIFICATE OF CONFERENCE I hereby certify that I have communicated with opposing counsel as to the foregoing relief requested, and such counsel does NOT oppose the relief requested. Le P. Gelnen Terry P. Gorman, Esq. Counsel for Appellant CERTIFICATE OF SERVICE I hereby certify that on this 13th day of January 2019, 1 electronically filed the foregoing instrument with the Clerk of the Court using the CM/ECF system, which will send notification of the filing to the following counsel of record: Katie E. Payne kpayne@wabsa.com D. Craig Wood cwood@wabsa.com WALSH GALLEGOS TREVINO RUSSO & KYLE P.C. 100 N.E. Loop 410, Suite 900 San Antonio, Texas 78216 Counsel for Appellee Harlandale Independent School District Defendants Guy P. Geenen Terry P. Gorman, Esq. Counsel for Appellant APPELLANT'S UNOPPOSED MOTION TO VIEW SEALED DOCUMENTS glaw 2019.09.13 CERTIFICATE OF COMPLIANCE Certificate of Compliance with Type-Volume Limitation, Typeface Requirements, and Type Style Requirements I hereby certify that this motion complies with the type-volume limitation of Fed. R. App. P. 32(a)(7)(B) because: This Motion uses a monospaced typeface OF Times New Roman 14 and contains 251 words and 24 lines of text, excluding the parts of the brief exempted by Fed. R. App. P. 32(a)(7)(B)(iii). WA P. Oenen Terry P. Gorman, Esq. Counsel for Appellant APPELLANT'S UNOPPOSED MOTION TO VIEW SEALED DOCUMENTS glaw 2019.09.13