Lerner Asks to File Declaration Supporting Motion to Seal Testimony

NORCAL TEA PARTY PATRIOTS, et al.,
Plaintiffs,
v.
INTERNAL REVENUE SERVICE, et al.,
Defendants.

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Judge Michael R. Barrett

MOTION FOR LEAVE TO FILE SUPPLEMENTAL DECLARATION UNDER SEAL

Lois Lerner, by and through undersigned counsel, respectfully requests the Court's leave to file a supplemental declaration under seal in support of her motion to seal her deposition transcript and the pleadings quoting them (ECF 392), and in support of her opposition (id.) to the Cincinnati Enquirer's motion to unseal (ECF 386). Counsel for Ms. Lerner sought the consent of Plaintiffs and the Government to this motion. Plaintiffs did not provide their consent, and the Government advised that it takes no position on this motion.

As set forth in her Supplemental Declaration, Ms. Lerner has new information that is highly relevant to this Court's consideration of the above-referenced motion to seal and Ms. Lerner's opposition to the motion to unseal. This information is new and only came to light after the sealing motions were briefed and argued. Accordingly, Ms. Lerner respectfully requests that this Court grant her leave to file her Supplemental Declaration.

Ms. Lerner also moves this Court, pursuant to S.D. Ohio Civ. R. 5.1., for leave to file the aforementioned Supplemental Declaration under seal. As the Court will see, the Supplemental Declaration includes highly personal and confidential information concerning threats to Ms. Lerner. As Ms. Lerner previously demonstrated, her interest in privacy and safety provides a compelling reason to seal. See, ECF 329.¹ Indeed, in April 11, 2017, the Court granted Ms. Lerner's prior motion for leave to file a motion for protective order and accompanying declarations and exhibits under seal, see Minute Entry, dated April 11, 2017, and maintained these documents under seal in its Order dated May 18, 2017. ECF 345. Accordingly, consistent with this Court's orders sealing the prior declarations and exhibits under seal, and in order to preserve her privacy and safety, Ms. Lerner seeks leave to file her Supplemental Declaration under seal.

CONCLUSION

For the reasons stated above, Ms. Lerner respectfully requests that this Court grant this Motion for Leave to File Supplemental Declaration Under Seal.

Dated: November 1, 2018

Respectfully Submitted,

Mark Hayden, Trial Attorney (0066162)
TAFT STETTINIUS & HOLLISTER LLP
425 Walnut Street, Suite 1800
Cincinnati, Ohio 45202
Telephone: (513) 381-2838
E-mail: mhayden@taftlaw.com

-and –

Brigida Benitez (admitted pro hac vice)
Catherine Cockerham (admitted pro hac vice)
Marcus A. Gadson (admitted pro hac vice)

STEPTOE & JOHNSON LLP
1330 Connecticut Avenue, NW
Washington, DC 20036
Telephone: (202) 429-3000
E-mail: bbenitez@steptoe.com
E-mail: ccockerham@steptoe.com
Email: mgadson@steptoe.com

Counsel for Former Individual Management
Defendant Lois G. Lerner

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[PROPOSED] ORDER GRANTING MOTION TO FILE
SUPPLEMENTAL DECLARATION UNDER SEAL

Lois Lerner's Motion to File Supplemental Declaration Under Seal is GRANTED. Ms. Lerner shall file her supplemental declaration under seal using the CM/ECF system.

IT IS SO ORDERED.

The Honorable Michael R. Barrett
Judge, Southern District of Ohio