Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:02-cv-01894-EJD

Document 121

Filed 06/24/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CONSUMERS ENERGY COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 02-1894C (Chief Judge Damich)

DEFENDANT'S MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL Pursuant to paragraph 11 of Appendix E of the Rules of the United States Court of Federal Claims and the Orders entered in this case on May 21, 2003 and July 7, 2003, defendant, the United States, respectfully requests leave of the Court to file electronically, under seal, a copy of "Defendant's Motion For Joinder Of Entergy Nuclear Palisades, LLC, Or, In The Alternative, For Issuance Of Binding Notice Pursuant To RCFC 14(b) And Contract Settlement Act, 41 U.S.C. § 114(b)," with appendix. Because the appendix to the Government's motion includes documents labeled "confidential material" by plaintiff, Consumers Energy Company, and because the instant case is designated as an electronic filing case, prior to filing, we require the Court's permission to file a copy of this document, under seal, electronically. Pursuant to paragraph 11 of Appendix E, no document to be placed under seal may be filed electronically unless and until authorized to do so by the Court. For the foregoing reasons, we respectfully request that the Court grant the Government's motion for leave to file electronically, under seal, a copy of "Defendant's Motion For Joinder Of Entergy Nuclear Palisades, LLC, Or, In The Alternative, For Issuance Of Binding Notice Pursuant To RCFC 14(b) And Contract Settlement Act, 41 U.S.C. § 114(b)."

Case 1:02-cv-01894-EJD

Document 121

Filed 06/24/2008

Page 2 of 3

Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director

OF COUNSEL: JANE K. TAYLOR Office of General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585 STEPHEN FINN Commercial Litigation Branch Civil Division U.S. Department of Justice 1100 L Street, N.W. Washington, D.C. 20530

s/Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

s/Scott R. Damelin SCOTT R. DAMELIN Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 305-2312 Fax: (202) 307-2503

June 24, 2008

Attorneys for Defendant

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Case 1:02-cv-01894-EJD

Document 121

Filed 06/24/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on June 24th, 2008, a copy of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Scott R. Damelin