Order, Motion to File Supplement to Defendant's Sentencing Memorandum — United States v. Ford (Document 33)

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Order filed October 26, 2023 as Document 33 in Case No. CR-22-00009-JD, U.S. District Court for the Western District of Oklahoma, on Defendant Jill Ford's Unopposed Motion to File Supplement to Defendant's Sentencing Memorandum Under Seal. The Court grants leave to file a supplement and finds it is in the interest of justice to modify this particular deadline. It provisionally grants leave to file the supplement under seal under Federal Rule of Criminal Procedure 49.1(d), to be filed by Monday, October 30, 2023. At sentencing the parties should be prepared to address whether the addendum stays under seal or whether a redacted version should be filed, and must confer beforehand on proposed redactions. The order is dated the 26th day of October 2023.

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          Case 5:22-cr-00009-JD Document 33 Filed 10/26/23 Page 1 of 2




                   IN THE UNITED STATES DISTRICT COURT
                 FOR THE WESTERN DISTRICT OF OKLAHOMA

UNITED STATES OF AMERICA,                  )
                                           )
              Plaintiff,                   )
                                           )
v.                                         )       Case No. CR-22-00009-JD
                                           )
JILL NICOLE FORD,                          )
                                           )
              Defendant.                   )

                                          ORDER

       Before the Court is Defendant Jill Ford’s Unopposed Motion to File Supplement

to Defendant’s Sentencing Memorandum Under Seal (“Motion”). [Doc. No. 32]. The

Motion seeks (1) leave to file a supplement to Ford’s Sentencing Memorandum filed

timely on May 12, 2023, in order to update the Court as to events relating to sentencing

that have occurred since her sentencing memorandum was filed on May 12, 2023, and (2)

leave to file this supplement under seal because it will contain personal information

relating to Ford and confidential commercial transactions to which Ford is a party.

Motion at 1. The government does not object to the request.

       First, the Court will grant the defendant leave to file a supplement. The local

criminal rules provide deadlines regarding sentencing memoranda, but the trial judge has

discretion in any criminal case to waive any requirement of the local rules when the

administration of justice requires. LCrR32.2; LCrR1.2(c); see also Link v. Wabash R.R.

Co., 370 U.S. 626, 630–31 (1962) (courts have the inherent power to manage their docket

to achieve the orderly and expeditious disposition of cases). The Court finds that it is in

the interest of justice to modify this particular deadline in this case and to allow the
           Case 5:22-cr-00009-JD Document 33 Filed 10/26/23 Page 2 of 2




defendant to file a supplemental memorandum.

       Second, the Court will provisionally grant the motion for leave to file the

supplement under seal, subject to the requirements set forth in this Order. Federal Rule of

Criminal Procedure 49.1(d) provides that “[t]he court may order that a filing be made

under seal without redaction. The court may later unseal the filing or order the person

who made the filing to file a redacted version for the public record.”

       Under Rule 49.1(d), Ford’s counsel may file the supplement and any supporting

documents under seal in accordance with the Electronic Case Filing Policies and

Procedures Manual for the Western District of Oklahoma by Monday, October 30,

2023. At sentencing, however, the parties should be prepared to address whether the

addendum should remain under seal following sentencing or whether a redacted version

should be filed for the public record. See Fed. R. Crim. P. 49.1(d); cf. United States v.

Bacon, 950 F.3d 1286 (10th Cir. 2020). Additionally, the parties must confer prior to the

sentencing hearing in a good-faith attempt to prepare proposed redactions in the event

that the Court orders these filings unsealed in whole or in part, and counsel for Ford must

appear at the sentencing hearing with a proposed redacted version of the addendum filed

entirely under seal as a result of this Order.1

       IT IS SO ORDERED this 26th day of October 2023.




       1
        For example, although direct references to sensitive, personal, and confidential
information might be properly sealed, general references to charging documents, statutes,
sentencing guidelines, and associated case law do not need to be withheld from public
access.
                                             2


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