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Message: Two sealed motions filed

Two sealed motions filed

posted on Sep 04, 2007 01:38PM

One the same time as the Motion to Strike portions of Higgins's recent deposition based on atty/client privilege. This sealed motion was terminated today, and another, sealed motion appeared. No sense speculating, but it's interesting that we're starting to get to some sensitive-type information and documents. Although, in the motion to strike, the sensitive portions were redacted. However, according to the local rules I was able to find re: E.D. of Texas, if an exhibit attached to a motion requires to be sealed, then the entire motion has to be filed under seal. Doesn't say which side filed these, so I suppose we'll have to wait and see.

On another, perhaps related note, I wonder whether TT&C will move to disqualify defendant's counsel on same grounds as in N. Calif., for inducing Higgins to violate A/C privilege. Not saying he did, but if, indeed, the J 2.5/3 tried to get info from him they shouldn't, much like B & O did in Calif., then it would seem to follow that a sanction of this type (D.Q.) could follow in Texas, too.

JMHO. GLTA.

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