March 29, 2016

Motion to remand and order suspending brief.

usg motion to remand.pdf

Unopposed Motion by the United States
for Remand to District Court
The United States respectfully requests that the Court suspend the briefing schedule and remand this matter to the district court for further proceedings. Movants Lavabit LLC and Ladar Levison do not oppose this motion.
On January 7, 2016, the district court entered an order directing the government to make redactions to certain pleadings, transcripts, and orders relating to this appeal so that these documents could be docketed publicly. On February 24, 2016, the government filed those redacted documents, and they were placed on the public record. With regard to one of these documents (Document 36-15 in
Case 1:13-sw-522-CMH), the government inadvertently failed to redact the subject email address.
The government’s mistake will impact this appeal. On remand, the government will make its error known to the district court and will, as a result, ask the district court to authorize additional disclosures of information that is now under seal. If additional disclosures are made, the pending appeal may become moot.

This came straight from PACER, so it got the public folder treatment. In other words, the government made a big huge oops, and since they made oops,” they can’t let their own gag orders stand anymore. If the district court grants their motion, maybe everything will finally be disclosed, (the district court judge in this case usually always grants the governments motions.) There’s an order suspending the brief:

The court grants the motion to suspend briefing pending resolution of the motion to remand.
order suspending brief.pdf


Lavabit legal


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