The government opposes the Institutional Plaintiffs’ request to unseal the handful of documents lodged with the D.C. Circuit and opposes Prof. Yoo’s request to submit an amicus brief in this matter. A copy of the government’s filing is attached to this e-mail message.
Singing another round of “you should have done it differently,” the government tells Judge Sweeney that the Institutional Plaintiffs’ requests are premature and speculative because nobody’s talked about oral argument logistics before the D.C. Circuit next week. The government stresses that the public has no right to see confidential discovery materials and maintains its position that facts are irrelevant because the Congress intended for HERA to silence shareholders.
The government suggests that Prof. Yoo’s thoughts about the sealed documents are useless because he hasn’t seen the documents he discusses.13-465-0308