The United States’ opposition to the motion for preliminary injunction in Martin v. NCIS, No. 3-10-cv-01879-WQH-AJB, was due today.  But the only filing currently available is the United States’ ex parte motion to file under seal, which we’ve posted here.  The filing seeks court permission to file the following documents under seal:  “Defendants’ Opposition to Plaintiff’s Motion for a Preliminary Injunction; and Exhibits A (Declaration of Lieutenant Colonel Sean Sullivan) through D.” 

The motion argues:

The Opposition and Exhibits contain sensitive law enforcement information, confidential third-party information and information potentially covered by the Privacy Act, 5 U.S.C. § 552a et. seq.  While Defendants appropriately redacted the documents to the extent possible, they were unable to completely eliminate all of the confidential information because some of this information will likely be necessary for the Court’s analysis. Accordingly, Defendants request permission to file their Opposition and Exhibits under seal.

We’ll continue to follow the case and report any updates.

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