DEFENDANT JASON WAY'S REQUEST TO SEAL EXHIBIT 1 TO THE DECLARATION OF W. SCOTT QUINLAN IN SUPPORT OF HIS MOTION FOR A DAUBERT HEARING; SEALING ORDER

DALE A. DROZD, District Judge.

Defendant Jason Way respectfully requests that the Court permit him to file under seal Exhibit 1 to the Declaration of W. Scott Quinlan in support of his motion for a Daubert hearing addressing the admissibility of government expert testimony. Exhibit 1 is an exhibit that includes internal e-mail between different departments of the DEA addressing the analysis by the Forensic Science Division of the DEA that UR-144 was not an analogue of JWH-018, and addressing Forensic Science Senior Chemist Dr. Arthur Berrier's explanation to the DRE department of the DEA prior to that that the analytical approach used by it to determine analogue status was in error. Further e-mail discloses that after Dr. Berrier's opinion that UR-144, which is very similar to 5-F-UR-144 (the claimed analogue at issue in this case), DEA subsequently developed a procedure whereby Forensic Science would not put anything down in writing concerning its disagreement about analogue status, and at analogue committee meetings representatives of Forensic Sciences would not take notes, leaving it up to the DRE division to document or not document criticism of its determination of analogue status. These e-mails are e-mailed to various individuals of the DEA, which establishes their knowledge of the issues and acquiescence in the procedures followed. The government has previously requested that similar e-mail be filed under seal, and the Magistrate ordered them sealed in connection with a currently pending discovery motion.

For that reason, Defendant Jason Way requests that Exhibit 1 to his Daubert motion to be filed this week, which will contain the e-mail, be allowed to be filed under seal.

SEALING ORDER

The court has reviewed and considered defendant's request for an order sealing documents (Doc. 368) in this case. Good cause appearing, Exhibit 1 to the declaration of W. Scott Quinlan in support of defendant's motion for a Daubert hearing shall be filed under seal until further order of the court.

IT IS SO ORDERED.