Free Notice (Other) - District Court of Federal Claims - federal

Case 1:98-cv-00614-JFM

Document 294

Filed 07/26/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) SOUTHERN NUCLEAR OPERATING ) COMPANY, ALABAMA POWER COMPANY, ) AND GEORGIA POWER COMPANY, ) ) Plaintiffs, ) ) v. ) No. 98-614C ) (Senior Judge Merow) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) NOTICE OF FILING OF DOCUMENTS UNDER SEAL Defendant, the United States, respectfully submits this notice that it has filed "Defendant's Reply In Support Of Motion To Compel Third Party Production Of Documents Pursuant To Subpoena Duces Tecum, And Response To Cross-Motion For Protective Order And To Quash/Modify The Subpoena" in hard copy form with the Clerk's office, under seal. On June 8, 2005, defendant filed its motion for leave to file documents under seal electronically, pursuant to the Court's General Order 42A. On June 28, 2005, this Court granted the Government's motion. Unfortunately, when we attempted to file the document under seal electronically earlier today, as ordered by the Court, we were unable to do so, receiving a notice from the Electronic Court Filing ("ECF") system that we are not authorized to do so. Therefore, we have filed the reply brief, which contains protected information that must be kept under seal, in paper form. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

Case 1:98-cv-00614-JFM

Document 294

Filed 07/26/2005

Page 2 of 3

DAVID M. COHEN Director

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

OF COUNSEL: STEPHEN FINN HEIDE L. HERRMANN MARIAN E. SULLIVAN Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530 s/John C. Ekman JOHN C. EKMAN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington D.C. 20530 Tele: (202) 307-6288 Fax: (202) 307-2503 Attorneys for Defendant

July 26, 2005

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Case 1:98-cv-00614-JFM

Document 294

Filed 07/26/2005

Page 3 of 3

CERTIFICATE OF FILING AND SERVICE I hereby certify that on this 26th day of July, 2005, a copy of foregoing "NOTICE OF FILING OF DOCUMENTS 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. I hereby further certify that on this 26th day of July, 2005, I caused to be served by overnight delivery a copy of "NOTICE OF FILING OF DOCUMENTS UNDER SEAL" addressed as follows: Francis P. Maneri Dilworth Paxson LLP 3200 Mellon Bank Center 1735 Market Street Philadelphia, Pennsylvania 19103

s/Heide L. Herrmann