Free Order on Motion to Unseal Document - District Court of Federal Claims - federal

Case 1:98-cv-00621-ECH

Document 342

Filed 06/04/2004

Page 1 of 2

In the United States Court of Federal Claims
No. 98-621C Into which has been consolidated No. 04-103C (E-Filed: June 4, 2004) _________________________________________ ) ) COMMONWEALTH EDISON COMPANY, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ) _________________________________________ ) ORDER The court has before it Defendant's Motion to Lift the Seal Upon Defendant's Reply to Plaintiff's Response to Defendant's Motion for Supplemental Fact Discovery (Def.'s Mot.). On May 10, 2004, defendant filed Defendant's Reply to Exelon's Response to Defendant's Motion for Supplemental Fact Discovery (Defendant's Reply or Def.'s Reply). In Defendant's Reply defendant identified the total amount of damages plaintiff is claiming and the total amount of estimated operating and maintenance costs that plaintiff is claiming. Def.'s Reply at 9, 12. Defendant filed Defendant's Motion to Place Under Seal "Defendant's Reply to Exelon's Response to Defendant's Motion for Supplemental Fact Discovery," and Motion for Expedited Consideration (Def.'s Seal Mot.) on May 11, 2004 after plaintiff informed defendant that plaintiff viewed these numbers as confidential and proprietary information subject to the protective order in this case. Def.'s Seal Mot. at 1. Defendant now argues that Defendant's Reply is not subject to the protective order and requests that the court designate Defendant's Reply as publicly available. Def.'s Mot. at 1. Plaintiff does not oppose the relief requested by defendant. Plaintiffs'

Case 1:98-cv-00621-ECH

Document 342

Filed 06/04/2004

Page 2 of 2

Response to Defendant's Motion to Lift the Seal upon Defendant's Reply to Plaintiff's Response to Defendant's Motion for Supplemental Fact Discovery at 1. Accordingly, Defendant's Motion to Lift the Seal Upon Defendant's Reply to Plaintiff's Response to Defendant's Motion for Supplemental Fact Discovery is GRANTED. The Clerk of the Court is directed to unseal and make publicly available Defendant's Reply to Exelon's Response to Defendant's Motion for Supplemental Fact Discovery. On May 12, 2004, the court issued an order directing recipients of Defendant's Reply to destroy all electronic and paper copies of the filing and to file a certificate of compliance with the court. Because the court is unsealing Defendant's Reply, the court's order of May 12, 2004 is VACATED. Copies of this order shall be transmitted to the email addresses listed in the court's order of May 12, 2004. The court refers the parties to the court's order of March 17, 2004, in which the court consolidated Exelon Generation Co. v. United States, No. 04-103C, into Commonwealth Edison Co. v. United States, No. 98-621C, and reminds the parties that the caption for this case shall be as above. IT IS SO ORDERED. s/ Emily C. Hewitt EMILY C. HEWITT Judge

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