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

Case 1:02-cv-01894-EJD

Document 118

Filed 06/20/2008

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, under seal, electronically a copy of "Defendant's Motion For Summary Judgment On Plaintiff's Claims For Interest Against The Government And For Attorney and Expert Fees Related To This Litigation," with appendix, and "Defendant's Proposed Findings Of Uncontroverted Fact." Because the appendix to the Government's motion has been 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, under seal, electronically, a copy of "Defendant's Motion For Summary Judgment On Plaintiff's Claims For Interest Against The Government And For Attorney and

Case 1:02-cv-01894-EJD

Document 118

Filed 06/20/2008

Page 2 of 3

Expert Fees Related To This Litigation" with appendix and "Defendant's Proposed Findings Of Uncontroverted Fact." Respectfully submitted, GREGORY D. 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 Civil Division 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 by Stephen Finn 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 20, 2008

Attorneys for Defendant

2

Case 1:02-cv-01894-EJD

Document 118

Filed 06/20/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on June 20, 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/Stephen Finn