Q: Internet piracy case was denied sealed filing and published to prevent recovery. Appeal or charge US in taking property?
My USDC in California case charges internet copyright pirates, similar to federal cases.
The essential Application to File Under Seal and Motion to request discovery assistance (to prevent destruction of evidence and hiding assets) were denied with the absurd claim that no cause was shown. The motions were resubmitted emphasizing that federal cases are always and necessarily done this way, but were again denied. Motion to Recuse was filed, requesting a judge who knows internet piracy cases, but this too was denied, and the judge now threatens to dismiss for lack of prosecution.
Now the court has published the case on Pacer, thus notifying the defendants to destroy evidence and move assets out of the country, exactly as I warned in the motions. The US has effectively colluded with the pirates to prevent any recovery of damages.
Should I make interlocutory appeal (the case is already unsealed), sue the US for collusion in taking of private property, or something else?
A:
Why attempt to file the discovery motion under seal? Judges are often reticent to allow motions under seal unless the sensitive information revealed in the motion would put some entity in physical or financial danger. Courts often have specific requirements for these filings in their Local Rules. To clarify, a sealed motion is not hidden from the opposing party, it's hidden from the public, sometimes only for a specified amount of time.
It's unlikely that an attorney will be able to answer your question or offer any real guidance without reviewing the filings in your specific case. If you have an attorney, you need to ask your attorney. If you don't have an attorney, you need to retain an attorney to assist you with these questions. If you're unwilling to retain an attorney, you must learn more about the federal rules of civil procedure, local rules for your court, and the substantive case law regarding your claim.
Before attempting to sue the U.S. Government on the basis of a judge's decisions, you should learn more about the doctrine of judicial immunity, which protects judges from lawsuits based on their judicial actions. This protection generally extends to all judicial decisions in which the judge has proper jurisdiction, even if a decision is made with "corrupt or malicious intent."
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