chron:Petition asks to open sealed documents in Astros, Rockets case

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Petition asks to open sealed documents in Astros, Rockets case
By DAVID BARRON
Copyright 2004 Houston Chronicle

The Astros and Rockets, who hope to start a regional sports television network in fall 2005, will ask a state district judge today to keep sealed from public view significant portions of evidence in a lawsuit involving the teams and Fox Sports Net.

Attorneys are scheduled to appear at 10 a.m. before Judge Joseph "Tad" Halbach in 333rd State District Court.

Halbach also will be asked to consider a petition by attorney William Ogden, representing the Chronicle and KHOU-TV Channel 11, that opposes making permanent a temporary sealing order granted in December.

The Astros sued Fox Sports Net in March 2003, seeking confirmation that they had the right to get out of their broadcast contract after the 2005 season to start the proposed Houston Regional Sports Network in partnership with the Rockets.

Fox Sports Net, which has broadcast Astros games since 1983 and broadcast Rockets games from 1983 until 2002, countered by accusing the teams of conspiracy to break the Astros' contract.

Both teams and Fox Sports Net have filed motions for summary judgment. Fox's motion, however, has been significantly redacted to remove references to conversations or documents described by the Astros and Rockets as confidential in an effort to keep them from public view under the temporary seal order.

Among these items are e-mails and letters between Rockets president George Postolos and Astros owner Drayton McLane, Astros president/business operations Pam Gardner and former Astros president/business operations Bob McClaren.

Fox Sports Net's motion for summary judgment, in fact, refers to 27 exhibits and at least 67 pages from assorted depositions that the teams want to keep under seal.

Ogden's petition on behalf of the Chronicle and KHOU claims that the teams have failed to provide sufficient grounds for sealing the documents.

"Nothing remotely suggests that there are genuine secrets in the records ... ," Ogden wrote in the petition.

The Chronicle and KHOU ask Halbach to either deny the sealing motion or adopt less restrictive means, such as redacting only items that contain trade secrets or legitimate financial confidences.

"These are two major purveyors of entertainment in Houston that play in publicly funded venues," said Jeff Cohen, editor of the Chronicle. "When they go to court to settle disputes, we believe the process should be open and not handled behind closed doors."

Attorney Charles "Chip" Babcock, who represents Fox Sports Net, said the network does not agree with the broad description that the teams have applied to seal documents from public view.

Hearings on requests for both sides for summary judgment in the case are scheduled for this month and February. The case is scheduled for trial this spring.http://www.chron.com/CDA/umstory.mpl/metropolitan/2343893