By Jason Rantanen
Last week the Federal Circuit issued an order relating to the unsealing of materials filed in cases docketed ten or more years ago. Misc. Docket 22-160: Is your (old) appeal on this list?
Today the court issued a new order rescinding that order as “impracticable.”
Upon further consideration of the court’s August 17, 2022 Order, the court finds it impracticable at this time to continue to proceed with the proposed unsealing of previously-identified cases. Specifically, the court finds that there will be insufficient time and considerable, unanticipated administrative difficulty to both the court and to counsel in providing an opportunity for counsel and parties in the previously-identified cases to permit a physical review of the identified cases by the National Archives and Records Administration’s December 31, 2022 deadline for the court to complete the accessioning of its remaining pa-per case records.
Instead, the court will accession the cases to the National Archives and Records Administration for permanent retention under seal. Read the new order here: https://cafc.uscourts.gov/wp-content/uploads/22-160.pdf (Archive copy: 22-160)