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

Case 1:98-cv-00614-JFM

Document 285

Filed 06/08/2005

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. ) __________________________________________) DEFENDANT'S MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL ELECTRONICALLY 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 pre-trial motions 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. 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, a protective order has been entered in this case. Accordingly, it is possible that any pre-trial motions that the parties file may need to make reference to such protected information. Further, upon the Court's granting of this motion, we anticipate filing a necessary motion relating to a discovery matter, which necessitates the discussion of protected material. Thus, we require the Court's permission prior to the filing of any document containing protected information under seal, and, further, request that the Court consider this motion on an expedited basis.

Case 1:98-cv-00614-JFM

Document 285

Filed 06/08/2005

Page 2 of 3

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 DAVID M. COHEN Director

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director s/ John C. Ekman by s/ Heide L. Herrmann JOHN C. EKMAN Trial Attorney 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 June 8, 2005 Attorneys for Defendant

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Case 1:98-cv-00614-JFM

Document 285

Filed 06/08/2005

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 8th day of June, 2005, 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/ Heide L. Herrmann