Free Motion to Amend/Correct - District Court of Federal Claims - federal

Case 1:98-cv-00126-JFM

Document 949

Filed 11/21/2006

Page 1 of 10

IN THE UNITED STATES COURT OF FEDERAL CLAIMS Filed Electronically November 21, 2006 __________________________________________ : YANKEE ATOMIC ELECTRIC COMPANY, : : Plaintiff, : : v. : No. 98-126 C : (Senior Judge Merow) UNITED STATES OF AMERICA, : : Defendant. : __________________________________________: YANKEE ATOMIC'S UNOPPOSED MOTION FOR AMENDMENT OF OCTOBER 17, 2006 DOCKET ORDER SEALING CERTAIN TRIAL EXHIBITS1 By Docket Order dated October 17, 2006, the Court placed under seal 153 trial exhibits offered by the parties in this case.2 The plaintiff agrees with the Court that there are certain exhibits in this case that contain confidential information and should be maintained under seal, pursuant to the protective order. The Court's Order, however, seals many more exhibits than the parties deem necessary and does not address the protection of many other exhibits for which the plaintiffs have previously moved the Court to seal. Therefore, plaintiff moves the Court to amend its Order to place only the following exhibits under seal: D155, D237, D252, D271, D305, D319, D327, D328, D404, D409, D413, D437, D568, D606, D618, D627, D629, D643, D673, D684, D741, D745, D749, D750, D752, D753, D754, D756, D757, D787, D801, D801A, P291CY, P1457CY and P1726CY (including the CD).

1

This motion should also be deemed applicable to Connecticut Yankee v. United States, No. 98154C and Maine Yankee v. United States, No. 98-474C. 2 The October 17, 2006 docket entry for the Court's Order reads: "Plaintiff's Exhibit's: 1-145 and 1726YA. Defendant's Exhibit's: 155, 403, 406, 409, 568, 684 and 747. FILED UNDER SEAL per the instruction of the Judge, (dwl)."

Case 1:98-cv-00126-JFM

Document 949

Filed 11/21/2006

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Plaintiffs filed on April 11, 2005, Yankee Atomic's Unopposed Motion For An Order Designating Certain Exhibits As Confidential, asking the Court to grant a proposed order to maintain 41 exhibits under seal.3 The Court has not yet issued a decision on that motion. The Court's Order seals only six of the 41 documents discussed in plaintiffs' motion and seals another 147 exhibits that the plaintiffs did not intend to be protected as confidential. Furthermore, the Docket Order does not address the protection of the other 35 documents noted in the April 11, 2005 motion. Plaintiff's counsel has conferred with counsel for the government and it does not dispute that Yankee Atomic's motion accurately sets out the only exhibits warranting being placed under seal and does not oppose this motion. Thus, to provide appropriate protection for the documents that warrant being placed under seal and to make the remainder of the trial record as publicly available as possible, Yankee Atomic moves that the October 17, 2006 Order be amended to include only the following exhibits as being under seal: D155, D237, D252, D271, D305, D319, D327, D328, D404, D409, D413, D437, D568, D606, D618, D627, D629, D643, D673, D684, D741, D745, D749, D750, D752, D753, D754, D756, D757, D787, D801, D801A, P291CY, P1457CY and P1726CY (including the CD).

3

The motion and its proposed order are attached as Exhibit 1.

2

Case 1:98-cv-00126-JFM

Document 949

Filed 11/21/2006

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Dated: November 21, 2006

Respectfully submitted,

Of Counsel: Robert L. Shapiro Greenberg Traurig, LLP

s/ Jerry Stouck__________________ Jerry Stouck Greenberg Traurig, LLP 800 Connecticut Avenue, NW Suite 500 Washington, DC 20006 (202) 331-3173 Phone (202) 261-4751 Fax Counsel for Plaintiff Yankee Atomic Electric Company

3

Case 1:98-cv-00126-JFM

Document 949

Filed 11/21/2006

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EXHIBIT 1

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