Holiday,

Because this lawsuit has such a negative impact on our hobby, we were trying
to keep our members apprised of what was going on.  But you are absolutely
right -- I should have never posted it.  We  thought that our members (who
are the only ones with access) read and understood the guidelines that state
plainly and clearly that this information is not to be copied or distributed
in any fashion.  When a member signs in, we have a warning at the top of the
page which states:  "All material in this section is copyrighted and cannot
be used or distributed in any form without the permission of LAMP."
Unfortunately, one of our members apparently can't read or understand or
simply did not care that they put us in a rather precarious situation.  THIS
WILL NOT HAPPEN AGAIN.  As of tonight, all legal documents have been removed
from LAMP and we will no longer be providing any legal updates.  Let someone
else do it.

I worked in a law firm in New Orleans for 20 years and still have access to
legal services but as I stated I am obligated to use them in a certain
fashion.  I have tried to meet that obligation but obviously I didn't do as
good as I thought.

Again, thank you.

Susan
LearnAboutMoviePosters.com

  

-----Original Message-----
From: MoPo List [mailto:[email protected]] On Behalf Of Holiday
Russell
Sent: Saturday, May 01, 2010 10:08 PM
To: [email protected]
Subject: [MOPO] Deposition transcripts

I'm not speaking to the issue about how the transcript was picked up off of
LAMP, I have no information about that.  I'm only referring to the statement
that a deposition transcript is a public record subject to FOIA.  Typically,
this is not true.

Most deposition transcripts are not part of the public record.  Typically,
they are only made a part of the record if there is a particular purpose for
filing them with the court.  Typically, the are used ultimately for
impeachment purposes at trial if a witness contradicts his earlier
testimony.

Moreover, when filing transcripts if the need arises, there are redaction
rules that govern the attorneys who are filing the transcript.
Additionally, most attorneys are sensitive to filing a witness's financial
information in a public proceeding and will thus ask that the court either
seal the transcript or enter a confidentiality order which prevents access
absent limited circumstances.

I would say that whoever it was that released the transcript to begin with
was amiss and somewhat cavalier in doing so.  I respect Sue's attempt to
keep it confidential within the confines of LAMP, but frankly, it should not
even have gotten that far.

Of course, I'm sure there are facts out there which may have warranted
deviation from the typical scenarios, and I hope that someone along the
lines of this discussion helps clarify the circumstances under which the
transcript was released so that we can all consider it in its appropriate
context.

Holiday

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