Friday, July 24, 2026

In Colorado a Good Unsealing Hearing With No Follow Through followed by a Bad Ruling on Conferral now New Test in a Money Laundering Case

FEDERAL COURT, July 24 –  Colorado remains the one federal district that posts every motion to seal on its own public website with a deadline to object, and it remains the district where Inner City Press has had its most success this year.

But three cases now sitting side by side on Colorado's docket show a system that works only when someone keeps pushing, and where a single judge's misreading of a local rule can undo the model entirely.  The good hearing, and the missing follow-through. In Jones v. United Airlines, Magistrate Judge N. Reid Neureiter first approved United's unopposed motion to restrict its own summary judgment exhibits on May 28, 2026 — the same day it was filed, before the fourteen-day window for anyone to object had even run.

It took Inner City Press's timely opposition, filed within that window, to bring the question back before the Court. On June 24, after a hearing at which "Mr. Matthew R. Lee from Inner City Press" appeared alongside counsel for both sides, Judge Neureiter reversed course: he sustained Inner City Press's objections to restricting three sets of exhibits, and denied both parties' sealing motions outright. Counsel were ordered to file redacted, public versions by July 17, 2026. That date has now passed. Nothing has been filed. Inner City Press has written to United's counsel asking for a status update — not as a precondition to anything, simply to find out what happened before deciding what comes next. 

The ill-informed ruling

Days later, in a different case, United States v. Ba — a denaturalization matter in which the government sought to restrict all ten exhibits to its complaint the day it was filed — Magistrate Judge Cyrus Y. Chung denied Inner City Press's objection without reaching the merits at all, holding that the objection itself violated D.C.COLO.LCivR 7.1(a) for failing to confer with the government first.

The ruling did not explain how a non-party press objector, asserting a public right of access independent of either litigant, is meant to "confer" with a party whose position is that the material should not be public in the first place — nor did it grapple with the timing problem: this Court, including in this very case, has approved sealing motions the same day they were filed, often before any deadline to object has run.

A conferral requirement applied to the public is not a technicality; in practice, it can foreclose timely objection altogether. Judge Chung's substantive ruling on the underlying privacy question was measured and time-limited — restriction only until September 14, with real teeth requiring specificity in any extension — and Inner City Press intends to let that timeline run rather than fight the conferral point in that case directly. 

The new test

Instead, the conferral question is being tested in a third case, United States v. Torres, a money laundering prosecution in which the government's own motion to restrict recites textbook conferral: "undersigned counsel has discussed this request to restrict with counsel for Defendant Ritter. Counsel did not object." That is what Rule 7.1(a) is for — two parties, in an ongoing adversarial relationship, working out a routine motion between themselves.

Inner City Press has now filed an objection in Torres to the government's motion to restrict both a document and the brief explaining why it should be sealed — without conferring with the government, and without conferring with defendant Torres or his counsel either. Neither the prosecution nor the defense in a money laundering case is the public's negotiating partner on a question of public access; the objection says so, directly, and asks Judge Chung's colleagues on this bench to treat a non-party press motion the way courts around the country already do: dockets, hearings, timely findings, no conferral required. Watch this site


More on X for Subscribers here and Substack here