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

Filing 2808

ORDER - The Clerk of the Court shall UNSEAL Sealed Exhibit 6 (ECF No. 2550 - 2), the 2009 Dwyer Declaration. Signed by Magistrate Judge Peggy A. Leen on 2/21/2017. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 8 IN RE WESTERN STATES WHOLESALE NATURAL GAS ANTITRUST LITIGATION, MDL Docket No. 1566 Base Case No. 2:03-cv-01431-RCJ-PAL 9 ORDER THIS DOCUMENT RELATES TO: ALL ACTIONS 10 11 (Sealed Exhibit 6 – ECF No. 2550-2) 12 This matter is before the court on Plaintiffs failure to respond to the court’s Order (ECF 13 No. 2576) denying without prejudice Defendants’ Motion for Leave to File Documents Under Seal 14 (ECF No. 2550) and instructing Plaintiffs to file a memorandum of points and authorities and any 15 supporting declaration or affidavit to make a particularized showing as to why certain documents 16 should remain under seal. See Sealed Exhibit 6 (ECF No. 2550-2): October 30, 2009 Reply 17 Declaration of Mark Dwyer, Ph.D. (“2009 Dwyer Declaration”), marked as Exhibit 11004 to the 18 deposition of Mark Dwyer, Ph.D. and prepared in support of Plaintiffs’ Motion for Class 19 Certification. The 2009 Dwyer Declaration was filed under seal because counsel for opposing 20 parties designated the documents as confidential. Given the parties’ representations that numerous 21 documents no longer required sealing, the court required Plaintiffs to review the 2009 Dwyer 22 Declaration and file by September 28, 2016, either: (i) an appropriate memorandum of points and 23 authorities making a particularized showing why the documents should remain under seal, or (ii) 24 a notice indicating that the documents do not require sealing. See Order (ECF No. 2576). 25 No response was filed and the deadline to do so has now expired. The parties were 26 cautioned that if they failed to timely comply with the Order, the Clerk of the Court would be 27 directed to unseal the documents to make them available on the public docket. 28 /// 1 1 Accordingly, 2 IT IS ORDERED the Clerk of the Court shall UNSEAL Sealed Exhibit 6 (ECF No. 2550- 3 4 2), the 2009 Dwyer Declaration. Dated this 21st day of February, 2017. 5 6 PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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