Jane Doe v. C.a.r.sprotection Plus, Inc.

Honorable James F. McClure, Jr., District Judge for the United States District1
Court for the Middle District of Pennsylvania, sitting by designation.
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
___________
Nos. 06-3625, 06-4508
___________
JANE DOE,
Appellant at No. 06-3625
v.
C.A.R.S PROTECTION PLUS, INC.; FRED KOHL
__________
JANE DOE
v.
C.A.R.S PROTECTION PLUS, INC.; FRED KOHL
C.A.R.S Protection Plus, Inc.,
Appellant at No. 06-4508
___________
WD/PA Civil No. 01-cv-02352)
District Judge: The Honorable Maurice B. Cohill, Jr.
__________
Before: RENDELL and NYGAARD, Circuit Judges, and McCLURE, District Judge.1
O R D E R
The panel recently entered three orders in connection with this appeal: the order vacating
the grant of summary judgment, remanding the case to the District Court; an order
granting a motion “to proceed under seal and in pseudonym”; and an order denying
intervention sought by several publications desirous of challenging the sealing of the
case, in which we stated “movant may pursue this matter with the District Court upon
remand”. We believe we should clarify the scope of the remand regarding the sealing
order. It is not our intention that the order we entered sealing the record on appeal would
prevent the District Court from considering this issue anew; indeed, our order suggesting
further pursuit of this issue was intended to reflect our view that the District Court was
the better court in which this issue could be litigated, since it could hold a hearing, and

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Judge Nygaard declines to join this order because it was not requested by either2
party and because he considers it unnecessary.
2
had done so previously on this very issue at the outset of the case, and since the record on
appeal consists in large measure of the record made in the District Court. The issue of the
propriety of the continued sealing of the case now that it will proceed to trial is an
important one; the District Court should feel free to decide this issue unfettered by our
rulings to date.2
By the Court,
/s/ Marjorie O. Rendell
Circuit Judge
Dated: September 9, 2008
clc\cc: Gary M. Davis, Esq.
Dean E. Collins, Esq.
Robert J. Waine, Esq.

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