At Home Corporation

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MEMORANDUM RE NATIONAL UNION’S
MOTION TO UNSEAL DOCUMENTS 	-1-
UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
In re
AT HOME CORPORATION, et al.,
Debtors.
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Case No. 01-32495 TC
Chapter 11
(Jointly Administered)
MEMORANDUM RE NATIONAL UNION’S MOTION TO UNSEAL DOCUMENTS RE
COMPROMISE WITH COX AND COMCAST DEFENDANTS
On November 6, 2007, the court entered an order granting the
Bondholders’ Liquidating Trust’s (BLT) ex parte application to
submit under seal documents (Documents) in support of the BLT’s
motion for approval of compromise with the Cox and Comcast
Defendants. 	On October 17, 2008, National Union Fire Insurance
Company of Pittsburgh, PA filed a Motion to Unseal the Documents.
National Union contends that sealing the records was not legally
justified and, alternatively, that any legal justification has
dissipated. 	The court held a hearing on the Motion on November 14,
2008. 	Appearances are set forth in the accompanying order. 	For
the reasons stated below, the Motion is denied.
The Documents were properly sealed. 	The BLT had brought an
action (Action) against Cox Communications, Inc., Cox@Home, Inc.,
Signed and Filed: November 14, 2008
________________________________________
THOMAS E. CARLSON
U.S. Bankruptcy Judge
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Entered on Docket
November 17, 2008
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 01-32495 Doc# 4953 Filed: 11/14/08 Entered: 11/17/08 08:46:32 Page 1 of
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MEMORANDUM RE NATIONAL UNION’S
MOTION TO UNSEAL DOCUMENTS 	-2-
David M. Woodrow, Comcast Corp., Comcast Online Communications,
Inc., Comcast PC Investments Inc., and Brian L. Roberts. 	The BLT
proposed to settle the Action. 	When the Class 7 Committee opposed
the settlement, this court was required to determine whether the
settlement should be approved. 	The Documents contained a
discussion of the strengths and weaknesses of the Action, and were
submitted to help this court determine whether the proposed
settlement was reasonable. 	The information contained in the
Documents was clearly work product, and may also have been
protected by the attorney-client privilege. 	If the settlement had
not been approved, disclosure of this information would have been
harmful to the BLT. 	The settlement was approved at a closed
hearing in which the Class 7 Committee was permitted access to the
Documents subject to a strict confidentiality agreement.
In the current motion, National Union seeks access to the
Documents for use in a state-court coverage action pending in
Colorado. 	Some court must determine whether the work product of
the BLT should be protected in this new action and whether any of
the information in the Documents is protected by the attorney-
client privilege. 	This court determines that these questions are
in substance questions concerning discovery in the Colorado action
and should properly be left to the trial judge in that action.
Accordingly, the motion to unseal the Documents is denied.
This court makes no determination as to whether the information
contained in the Documents may properly be obtained through
discovery in the Colorado action.
**END OF MEMORANDUM**
Case: 01-32495 Doc# 4953 Filed: 11/14/08 Entered: 11/17/08 08:46:32 Page 2 of
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Court Service List
Karen Rinehart, Esq.
Law Offices of O'Melveny and Myers
400 South Hope Street
Los Angeles, CA 90071-2899
Maxim B. Litvak, Esq.
Pachulski, Stang, Ziehl, Young & Jones
150 California Street, 15th Floor
San Francisco, CA 94111-4500
Richard W. Slack, Esq.
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153-0119
Kathy Quon Bryant, Esq.
Meyers Law Group, P.C.
44 Montgomery Street, Suite 1010
San Francisco, CA 94104
David A. Boyar, Esq.
D’Amato & Lynch, LLP
70 Pine Street
New York, NY 10270
Holly R. Shilliday, Esq.
Snell & Wilmer LLP
1200 17th Street, 19th Floor
Denver, CO 80202
Case: 01-32495 Doc# 4953 Filed: 11/14/08 Entered: 11/17/08 08:46:32 Page 3 of
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