Originally published May 9, 2008 at 12:00 AM | Page modified May 9, 2008 at 12:32 AM

Sonics

Sonics: Papers remain sealed

U.S. District Judge Marsha Pechman on Thursday denied a request by Sonics' attorneys to unseal documents disclosed by developer Matt Griffin...

By Jim Brunner

Seattle Times staff reporter

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U.S. District Judge Marsha Pechman on Thursday denied a request by Sonics' attorneys to unseal documents disclosed by developer Matt Griffin as part of Seattle's lawsuit seeking to hold the team to the final two years of its KeyArena lease.

Sonics lawyers had asked Pechman to make public Griffin's e-mails and other records they claimed were evidence of a "Machiavellian plan" to use the city's lawsuit to pressure the team's Oklahoma-based owners into selling to a local group of businessmen including Griffin and Microsoft CEO Steve Ballmer.

The disputed documents were designated "confidential" or "attorney's eyes only" by Griffin — meaning they cannot be publicly revealed or cited in court documents.

The Sonics' attorneys claimed the restrictions on "attorney's eyes only" documents would hinder their preparation for a June 16 trial because such documents couldn't even be shown to their clients.

Griffin and the city objected to the Sonics' request, arguing the documents were private and covered by a protective order agreed to by both sides in the lawsuit.

Pechman sided with Griffin on Thursday, ruling the Sonics had failed to make a "good-faith attempt" to resolve the discovery dispute with Griffin's attorneys, as required by court rules.

Pechman also rejected the team's claim that the secrecy would hinder trial preparations, noting that court rules allow even "attorney's eyes only" documents to be shown to prospective witnesses preparing for depositions.

Pechman's ruling said the Sonics' attorneys can raise the issue again later if they can show how the confidentiality of the documents is relevant to the coming trial.

Jim Brunner: 206-515-5628 or jbrunner@seattletimes.com

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