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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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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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(Sealed Exhibit 6 – ECF No. 2550-2)

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This matter is before the court on Plaintiffs failure to respond to the court’s Order (ECF

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No. 2576) denying without prejudice Defendants’ Motion for Leave to File Documents Under Seal

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(ECF No. 2550) and instructing Plaintiffs to file a memorandum of points and authorities and any

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supporting declaration or affidavit to make a particularized showing as to why certain documents

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should remain under seal. See Sealed Exhibit 6 (ECF No. 2550-2): October 30, 2009 Reply

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Declaration of Mark Dwyer, Ph.D. (“2009 Dwyer Declaration”), marked as Exhibit 11004 to the

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deposition of Mark Dwyer, Ph.D. and prepared in support of Plaintiffs’ Motion for Class

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Certification. The 2009 Dwyer Declaration was filed under seal because counsel for opposing

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parties designated the documents as confidential. Given the parties’ representations that numerous

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documents no longer required sealing, the court required Plaintiffs to review the 2009 Dwyer

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Declaration and file by September 28, 2016, either: (i) an appropriate memorandum of points and

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authorities making a particularized showing why the documents should remain under seal, or (ii)

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a notice indicating that the documents do not require sealing. See Order (ECF No. 2576).

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No response was filed and the deadline to do so has now expired. The parties were

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cautioned that if they failed to timely comply with the Order, the Clerk of the Court would be

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directed to unseal 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 Sealed Exhibit 6 (ECF No. 2550-

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2), the 2009 Dwyer Declaration.
Dated this 21st day of February, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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