Ex-Ch J Kathleen (“TBS =The Big Shillelagh”) Kerrigan is running the biggest sealing expedition south of an Arctic icefloe in Nat S. Harty & April D. Harty, Docket No. 23354-21, filed 12/9/25. And of course it’s S. Crow Capital Corporation who’s making the running.
There are three (count ’em, three) separate orders. IRS moved to seal a stack documents (hi, Judge Holmes) and, as there are two unconsolidated cases here, it takes two of the orders to deal with IRS’ wishlist. And those two depend upon footnote 2 in Order No. 3.
Said footnote says the stuff will remain sealed until trial begins next week in the City of the Angels (and National Guard).
In the meantime, the Crows lose their motion to seal everything on their shopping list until 9 Cir rules. Taishoff says that sounds like a Section 7482 interlocutory. And if this whole story seems familiar, see my blogpost “Stone the Crows!” 12/2/25.
Ex-Ch J TBS runs the checklist.
“The following four factors are considered when evaluating whether to grant temporary relief pending an appeal: (1) whether the stay applicant has made a strong showing that it is likely to succeed on the merits; (2) whether the applicant will be irreparably harmed absent a stay; (3) whether issuance of stay will substantially injure other parties interested in the proceeding; and (4) where the public interest lies.” Order, at p. 1. (Citations omitted).
It’s a bad lie for the Crows’ trusty attorneys. They do make out that current publicity could irreparably harm the Crows, should they prevail at trail. But they can’t show they have a slam dunk case (what they want sealed is transactional, and 9 Cir has no controlling precedent); the parties have prepared for trial, got their experts lined up and holding short, pretrial briefs at the ready; the need to clear the courtroom while sealed stuff was discussed would seriously delay trial; and the Crows’ trusty attorneys haven’t shown the public interest lies with their side.
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