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- nysd;;1:16-cr-00522_de1109 RegisterActionDate "2017-07-18" @default.
- nysd;;1:16-cr-00522_de1109 RegisterActionDescriptionText "ORDER as to (16-Cr-522-02) Joseph Merlino. One June 19, 2017, Defendant Joseph Merlino requested permission to file a redacted version of the memorandum of law (Doc. No. 844) submitted in support of his motion to dismiss the superseding indictment in this action (the "Memorandum"). On the same day, Defendant Merlino also filed a heavily-redacted version of the Memorandum on ECF. (Doc. No. 835.) On June 30, 2017, the government filed a letter on ECF indicating that it does not oppose Defendant Merlino's request to file a redacted version of the Memorandum. (Doc. No. 868.) For the reasons stated in the Court's order dated April 26, 2017 (Doc. No. 613), the Court finds that the presumption of public access to the Memorandum is overcome by the privacy interests implicated by the ongoing administrative inquiry being conducted by the Federal Bureau of Investigation. See United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995). Furthermore, because information regarding the administrative inquiry is summarized throughout the Memorandum, the Court finds that more narrowly-tailored redaction is not "a viable remedy." Id. at 1053. Accordingly, Defendant's unopposed request to file a redacted version of the Memorandum is GRANTED. The Clerk of Court is respectfully directed to terminated the motion pending at docket number 844. SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/18/2017)(bw) (Entered: 07/18/2017)" @default.
- nysd;;1:16-cr-00522_de1109 AdministrativeID "890" @default.
- nysd;;1:16-cr-00522_de1109 hasJudgeReference SJ000846 @default.