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Motion for Confidentiality - January 2010

Motion for Confidentiality - January 2010

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Published by manager2738

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Published by: manager2738 on Jan 14, 2010
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Joint Motion for Order RegardingConfidentiality of Settlement Negotiations
The States of Alabama, Florida, and Georgia respectfully request that this Court issue anOrder declaring that ongoing settlement negotiations among the three States, including relatednegotiations with any other party to this litigation, as well as any documents, data or othermaterials prepared in anticipation of or exchanged in the course of such negotiations, and allstatements made during the negotiations, are and shall be kept confidential. In support of thismotion, the three States state as follows:1.
On December 15, 2009, the Governors of the States of Alabama, Florida andGeorgia met to discuss possible resolution of issues involved in this litigation. The threeGovernors have directed their staffs to engage in expedited discussions designed to determinewhether a negotiated solution is possible at this time. The three States intend to pursue thosenegotiations in the coming months, and at least five meetings are currently scheduled.2.
Although the three States already have commenced confidential negotiations, theybelieve a court order declaring the confidential nature of their discussions may encourage theopen exchange of information and proposals necessary to address the issues at bar, anddiscourage the improper dissemination of the same.3.
The three States anticipate that, from time to time, they might need to include intheir discussions other parties to this litigation, as well as non-parties, if necessary. If the Court
Case 3:07-md-00001-PAM-JRK Document 315 Filed 01/04/2010 Page 1 of 8
2enters an Order requiring all negotiations to remain confidential, then the three States each shallensure that non-parties participating in the discussions enter a confidentiality agreement. Thethree States also will deem the Order to be in effect and binding on them despite the presence of those non-parties in their settlement discussions.4.
The three States do not request a stay of Phase Two at this time, nor do theyrequest any modification to the current schedule for Phase Two at this time.5.
Counsel for parties have been contacted regarding their positions on this motion.To date, none of the parties has indicated it will oppose this motion. Gwinnett County does notoppose, but reserves the opportunity at the appropriate time to address any agreement which maybe reached in the absence of its participation. Southeast Federal Power Customers does notoppose this motion, but intends to file a separate response to the motion.Wherefore, the three States respectfully request this Court enter an Order declaring thatthe States’ negotiations, including all documents, data or other materials prepared in anticipationof or exchanged in the course of such negotiations, and all statements made during thenegotiations, are and shall be kept confidential, and further that all parties to this litigationparticipating in such negotiations also shall be bound by the Order.DATED this 4
day of January, 2010.COUNSEL FOR THE STATE OF FLORIDABill McCollumATTORNEY GENERALJonathon A. GlogauFlorida Bar No. 371823Chief, Complex LitigationThe Capitol, Suite PL-01Tallahassee, FL 32399(850) 414-3300
Case 3:07-md-00001-PAM-JRK Document 315 Filed 01/04/2010 Page 2 of 8
3 jon.glogau@myflorida.comChristopher M. KiseFOLEY & LARDNER LLP106 East College AveTallahassee, FL 32301(850) 513-3367ckise@foley.comJames T. BanksHOGAN & HARTSON, LLP555 13
St. NWWashington, D.C. 20004(202) 637-5802(202) 637-5910 (fax) jtbanks@hhlaw.comParker D. ThomsonFlorida Bar No. 081225HOGAN & HARTSON, LLP1111 Brickell Ave, Suite 1900Miami, FL 33131(305) 459-6678(305) 459-6550 (fax)pdthomson@hhlaw.com
s/ Thomas R. Wilmoth
Thomas R. WilmothNebraska Bar No. 22518Donald G. BlankenauNebraska Bar No. 18528BLANKENAU WILMOTH LLP206 S. 13
Street, Suite 1425Lincoln, NE 68508-2002Tel. (402) 475-7080Fax (402) 475-7085tom@aqualawyers.comdon@aqualawyers.com
Case 3:07-md-00001-PAM-JRK Document 315 Filed 01/04/2010 Page 3 of 8

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