Disclaimer
This pleading is offered as a sample for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the pleading has utility in a given case. I am always happy to try to answer general questions of fellow counsel about law and practice and can be reached via the information below.
Ralph F. Holmes
McLane Middleton
(603) 628-1409 (office)
(857) 278-0019 (cell)
THE STATE OF NEW HAMPSHIRE
BBB COUNTY, SS. SUPERIOR COURT
NO.: ______
Ann F. Doe and Charles B. Doe
v.
AAA Shops, Inc.; BBB 620, Inc.;
CCC Realty Corporation; and, DDD Farms, Inc.
Motion TO sEAL
NOW COME the Plaintiffs and state as follows:
1. Exhibits A and B to the accompanying Assented-To for Approval of Fees and Expenses are confidential and subject to the attorney-client privilege. Exhibit A is Plaintiffs’ fee agreement with undersigned. Exhibit B itemizes the fees and expenses due under the terms of the fee agreement and further discloses the terms of the settlement, which are confidential.
2. Under Petition of Keene Sentinel, 136 N.H. 121 (1992), the following principles govern this request for relief:
a. Movant bears the burden of proof;
b. This Court must review each document to determine if there is a sufficiently compelling reason to justify preventing public access to it;
c. This Court must determine that no reasonable alternative to non-disclosure exists; and
d. The least restrictive means of preserving confidentiality must be selected. Id., pp.129-30.
3. Compelling reasons justify sealing of the Exhibits. Settled law protects attorney-client communications, see Bennett v. ITT Hartford Group, 150 N.H. 753, 761 (2004).
4. No reasonable alternative to non-disclosure exists. Confidentiality cannot be maintained if disclosure is made.
5. The least restrictive means available for protecting this information is to seal the Exhibits.
6. The Exhibits should be sealed to preserve the confidentiality of the settlement, as well as information covered by the attorney/client privilege and work product doctrines.
7. Counsel for Defendants other than AAA Shop advised that they assent to this motion. Undersigned was not able to reach counsel for AAA Shop.
8. A Proposed Order is attached as Exhibit A.
WHEREFORE, Plaintiffs respectfully request that the Court:
A. Issue an Order in the form of the attached Proposed Order;
B. Seal Exhibits A and B to the Motion for Approval of Fees and Expenses; and
C. Grant such other relief as is just.
Respectfully submitted,
ANN F. DOE AND CHARLES B. DOE
By and through their attorneys,
McLANE, GRAF, RAULERSON & MIDDLETON, PROFESSIONAL ASSOCIATION
Date: November 26, 2008 By:______
Ralph F. Holmes, Esq., NH Bar #1185 Neil B. Nicholson, Esq., NH Bar #18341
900 Elm Street, Box 326
Manchester, NH 03105-0326
Telephone: (603) 625-6464
Certificate of Service
I hereby certify that on the 26th day of November, 2008, I served the foregoing pleading on plaintiffs and counsel of record.
______
Ralph F. Holmes
I have contributed this pleading to NHAJ’s online form file in the hope that members might find it of use. I am happy to try to be of assistance if you have questions. I can be reached at 628-1409 and . I encourage you to please donate your pleadings to our online form file. To maximize the value of this important benefit, all of us need to participate.
/s/ Ralph
Ralph F. Holmes
McLane, Graf, Raulerson & Middleton, PA
Box 326
Manchester, NH 03105-0326
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