In Re: Western States Wholesale Natural Gas Antitrust Litigation (MDL 1566)

Filing 2587

ORDER directing Clerk to unseal ECF No. 2498 Sealed Exhibits. Signed by Magistrate Judge Peggy A. Leen on 9/13/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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IN RE WESTERN STATES WHOLESALE
NATURAL GAS ANTITRUST
LITIGATION,

MDL Docket No. 1566
Base Case No. 2:03-cv-01431-RCJ-PAL

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ORDER

THIS DOCUMENT RELATES TO:
ALL ACTIONS

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This matter is before the court on the Xcel Defendants failure to respond to the court’s

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Order (ECF No. 2522) denying Plaintiffs’ Motion for Leave to File Under Seal (ECF No. 2499)

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without prejudice and instructing the designating party (or parties) to file a memorandum of

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points and authorities and any supporting declaration or affidavit to make a particularized

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showing as to why certain documents should remain under seal.

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Plaintiffs sought leave to file under seal because counsel for the Xcel Defendants

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designated certain documents as confidential. The documents were referenced as Exhibit C in

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Plaintiffs’ Reply to Xcel Defendants’ Opposition to Plaintiffs’ Fed. R. Civ. P. 56(d) Motion. See

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Sealed Exhibit (ECF No. 2498). The court instructed the designating party (or parties) to make a

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particularized showing on or before August 22, 2016. See Order (ECF No. 2522). However, no

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response was filed and the deadline to do so has now expired. The parties were cautioned that if

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they failed to timely comply with the Order, the Clerk of the Court would be directed to unseal

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the documents to make them available on the public docket.

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Accordingly,

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IT IS ORDERED: the Clerk of the Court shall UNSEAL the Sealed Exhibits (ECF

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No. 2498).
Dated this 13th day of September, 2016.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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