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

Case 1:98-cv-00484-JPW

Document 258

Filed 09/18/2006

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS NORTHERN STATES POWER COMPANY, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 98-484C (Senior Judge Wiese)

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, immediately upon the Court's granting of this motion, we anticipate filing a pretrial motion 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-00484-JPW

Document 258

Filed 09/18/2006

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 OF COUNSEL: JANE K. TAYLOR Office of General Counsel U.S. Department of Energy 1000 Independence Avenue, S.W. Washington, D.C. 20585 s/ Heide L. Herrmann HEIDE L. HERRMANN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 305-3315 Fax: (202) 307-2503 Attorneys for Defendant

September 18, 2006

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Case 1:98-cv-00484-JPW

Document 258

Filed 09/18/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 18th day of September, 2006, a copy of the 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