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Source: DOCUMENTCLOUD  •  Size: 248.3 KB  •  OCR Confidence: 95.2%
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Case 18-2868, Document 273-3, 08/09/2019, 2628218, Page1 of 1 POOLER, Circuit Judge, dissenting in part: Ijoin the Court’s opinion in every respect but one: the decision to unseal the summary judgment record ourselves. I agree that all or most of the material must be unsealed. Nevertheless, in my view, the district court is better suited to the task. As the Court’s opinion recognizes in connection with the remaining sealed materials, the district court is better positioned to communicate with the parties and any nonparties whose privacy interests might be affected by unsealing. On that score, it is worth clarifying here the breadth of the Court’s unsealing order: it unseals nearly 2000 pages of material. The task of identifying and making specific redactions in such a substantial volume is perilous; the consequences of even a seemingly minor error may be grave and are irrevocable. Moreover, although I share the majority’s concern about avoiding delay, I would alleviate that concern through other means— perhaps with an order directing the district court to act expeditiously and by making clear what types of limited redactions are and are not appropriate. In sum, I would unseal the district court’s summary judgment decision only and leave the remainder of the materials for the district court to review, redact, and unseal on remand.

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Filename DocumentCloud_Epstein_Docs_p00031.png
File Size 248.3 KB
OCR Confidence 95.2%
Has Readable Text Yes
Text Length 1,354 characters
Indexed 2026-02-04 12:22:12.413731