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Elaine Moorman v. Wal-Mart Stores

THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 30, 2011

ELAINE MOORMAN, PLAINTIFF,
v.
WAL-MART STORES, INC., DEFENDANT.

The opinion of the court was delivered by: Reagan, District Judge

ORDER

Plaintiff Elaine Marie Moorman's appeal of the dismissal of this case is pending in the Court of Appeals for the Seventh Circuit. Moorman has filed a motion to "redact from the viewing of the general public, the transcript of the February 10, 2011 discovery hearing held before U.S. Magistrate Judge Stephen C. Williams (Doc. 70). Moorman believes that information discussed during the hearing may be considered classified by the federal government, and possibly a matter of national security. Moorman appears to have filed her motion in both the appellate court and district court. Although an appeal generally divests the district court of jurisdiction, ministerial matters, such as this motion, not the subject of appeal remain within the prerogative of the district court.

A review of the record reveals that the record does not contain a transcript of the February 10, 2011, discovery hearing. Therefore, Moorman's motion to redact the record from the public (Doc. 70) is DENIED AS MOOT. Insofar as Moorman may be seeking to seal the record of the hearing to prevent the public from seeking production of a transcript, her bald assertions, without more, are insufficient to justify such a drastic measure. This Court is familiar with Moorman's law enforcement activities and does not perceive that any confidential information of matters of national security are involved.

The Clerk of Court is DIRECTED to transmit a copy of this Order to the Court of Appeals for the Seventh Circuit.

IT IS SO ORDERED.

MICHAEL J. REAGAN UNITED STATES DISTRICT JUDGE

20111230

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