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

Case 1:98-cv-00126-JFM

Document 877

Filed 11/17/2004

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS YANKEE ATOMIC ELECTRIC COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 98-126C (Senior Judge Merow)

DEFENDANT'S MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL ELECTRONICALLY1 Pursuant to the Court's General Order 42A, defendant, the United States, respectfully requests leave of the Court to file documents under seal electronically in this case. Because some of our post-trial submissions may refer to protected information, and because this case is designated as an electronic filing case, we require the Court's permission to file documents under seal electronically prior to any such filing. We are currently reviewing our proposed initial posttrial brief and proposed findings of fact to determine whether they contain any protected information that we would need to file under seal. Although it is likely that we will be able to file our initial post-trial filings without placing any of them under seal, entry of an order in this case allowing for the electronic filing of future documents under seal will eliminate the need to raise this motion if, in remaining post-trial filings, protected material needs to be discussed. Pursuant to paragraph 7 of General Order 42A, no document to be placed under seal may be filed electronically unless and until authorized to do so by the Court. As the Court is aware, protected information has been discussed at the trial in this case and has been entered into

The Government requests that this motion also be deemed applicable in Connecticut Yankee Atomic Power Co. v. United States, No. 98-154C, and Maine Yankee Atomic Power Co. v. United States, No. 98-474C (collectively referred to as the "Yankee" cases).

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Case 1:98-cv-00126-JFM

Document 877

Filed 11/17/2004

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evidence. Accordingly, it is possible that our post-trial submissions may need to make reference to such protected information. Thus, we require the Court's permission prior to the filing of any document containing protected information under seal. For these reasons, we respectfully request that the Court enter an order allowing defendant to file documents electronically under seal in this case. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/ David M. Cohen DAVID M. COHEN Director s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 305-7562 Fax: (202) 307-2503 November 17, 2004 Attorneys for Defendant

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Case 1:98-cv-00126-JFM

Document 877

Filed 11/17/2004

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 17th day of November, 2004, a copy of foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL ELECTRONICALLY" 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/ R. Alan Miller