Michael Patrick O'Brien (USB #4894) Brock N.

Worthen (USB # 12721) JONES, WALDO, HOLBROOK & McDONOUGH 170 South Main Street Salt Lake City, Utah 84101 Telephone: (801) 521-3200 Attorneys for The Salt Lake Tribune IN THE THIRD JUDICIAL DISTRlCT COURT SALT LAKE COt.Jt.;lY, STATE OF UTAH

THE SALT LAKE TRIBUNE,
Plaintiff,
v.

STIPULATED MOTION REGARDING ATTORNEY-EYES ONLY REVIEW OF SEALED FILES

Case No. 100900160 SEALED FILES- SUSAN POWELL Judge Judith S. Atherton Defendant.

Counsel for The Salt Lake Tribune (hereafter "The Tribune"), the Salt Lake County District Attorney's office (DA) and West Valley City hereby stipulate and agree as follows: (1) the Tribune's attorneys (Michael Patrick O'Brien and Brock N. Worthen) may have access to the search warrants, affidavits in support of search warrants, and search warrant returns and to any motions and/or memoranda andlor rulings related to the same contained in the Third District Court case file 09-213 on an attorney's-eyes only basis for the purpose of discussing with the DA and West Valley City which sealed documents may now be made public in full and/or in part; (2) the Tribune's attorneys (Michael Patrick O'Brien and Brock N. Worthen) may have access to the affidavits in support of investigative subpoenas and to any motions and/or memoranda andlor
lee2533.1

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.

rulings related to the same contained in the Third District Court case file 09~213on an attorney's-eyes only basis for the purpose of discussing with the DA and West Valley City which

sealed documents may now be made public in full andlor in part; (3) the Tribune's attorneys

agree not to disclose to their client any information in the Third District Court case file 09~213
until such lime as authorized by the court; and (4) that the order attached as Exhibit "A" may be signed and entered by the court regarding this stipulation. DATED this

3\

day of October, 2011.

o

~1~"'f' . DATED this __ day of October, 2011.

Clint Gilmore Assistant City Attorney DATED this __ day of October, 2011. JONES WALDO HOLBROOK & McDONOUGH

.!

Michael Patrick O'Brien Brock N. Worthen Attorneys for the Salt Lake Tribune

loo2533,,1

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CERTIFICATE 1 hereby certify that on the _

OF SERVICE

day of October, 20 II) 1 caused to be sent by email

and by first class mail, postage prepaid, a true and correct copy of the foregoing STIPULATED MOTION REGARDING REVIEW OF SEALED FILES to the following:

Sandi Johnson

Deputy District Attorney
Salt Lake County District Attorney III East Broadway #400 Salt Lake City, UT 84111 Clint Gilmore Assistant City Attorney Attorney for West Valley City West Valley City Hall 3600 South Constitution Blvd. West Valley City, UT 84119

!002533.1

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::

Michael Patrick O'Brien (USB #4894) Brock N. Worthen (USB# 12721) JONES, WALDO, HOLBROOK & McDONOUGH 170 South Main Street Salt Lake City, Utah 8410 1 Telephone: (801) 521-3200
Attorneys for The Salt Lake Tribune

IN THE THIRD JUDICIAL DISTRTCT COURT
SALT LAKE COUNTY , STATE OF UTAH

THE SALT LAKE TRIBUNE, Plaintiff, v. SEALED FILES- SUSAN POWELL Defendant.

ORDER GRANTING STIPULATED MOTION REGAlUlING ATTORNEYEYES ONLY REVIEW OF SEALED FJLES 'Case No. '100900160 Judge Judith

S. Atherton

The parties, by and through their counsel, have filed a stipulated motion requesting that th.c Tribune's attorneys be allowed access to the search warrants, affidavits in support of search warrants, search warrant returns, and the affidavits in support of investigative subpoenas currently contained in the sealed Third District Court case file 09-213, and to any motions nnd/or memoranda and/or rulings related to the same. The purpose of such access is to allow the Tribune attorneys, the DA and West Valley Ci~y to enter into discussions regarding which sealed documents may now be made public in full and/or in part. Based on the stipulation of the Parties and for good cause shown, IT IS HEREBY ORDERED THAT thestipulated.motion is granted

and the Tribune's attorneys, as officers of the court, shall be allowed access to the search
I0D153~y[

~.i

warrants, affidavits in support of search warrants, search warrant returns, and the affidavits ill support of investigative subpoenas currently contained in the sealed Third District Courtcase file 09-213, and to any motions anellor memoranda and/or rulings related to the same on an attorney's-eyes only basis and shall not share any information in such files until such lime as authorized by the Court.
DATED this]_

day of

Dti)

,201l..

:~_T_H_E_C_O_U_RT __

~/~s:-+;' ~ _
I'

Judith S. Atherton Third District Court Judge CERTIFICATE OF SERVICE' I hereby certify that on th~ay of October, 20 II , I caused to be sent by emai I

and by first class mail, postage prepaid, a true and correct copy of the foregoing ORDER GRANTING STTPULATED MOTION REGARDlNG ATTORNEY-EYES REVIEW OF SEALED FO,ES to the following: Sandi Johnson District Attorney for Salt Lake County III East Broadway #400 Salt Lake City, ur 84111 Clint Gilmore Attorney for West Valley City W est Valley City Hall 3600 South Constitution Blvd. West Valley City T 84119 ONLY

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