Rocky Mountain Farmers Union et al v. Corey, et al

Filing 249

ORDER GRANTING DEFENDANTS APPLICATION TO FILE UNDER SEAL: (1) UNREDACTED SUR-REPLY BRIEF; (2) UNREDACTED DECLARATION OF M. ELAINE MECKENSTOCK; (3) UNREDACTED SECOND DECLARATION OF MICHAEL WAUGH signed by District Judge Lawrence J. O'Neill on June 8, 2011. (Lira, I)

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1 2 3 4 5 6 7 8 KAMALA D. HARRIS, State Bar No. 146672 Attorney General of California ROBERT W. BYRNE, State Bar No. 213155 Supervising Deputy Attorney General GAVIN G. MCCABE, State Bar No. 130864 MARK POOLE, State Bar No. 194520 DAVID A. ZONANA, State Bar No. 196029 ELAINE MECKENSTOCK, State Bar No. 268861 Deputy Attorneys General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5894 Fax: (415) 703-5480 E-mail: Elaine.Meckenstock@doj.ca.gov Attorneys for Defendants James N. Goldstene, et al. 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 14 15 16 17 18 19 20 21 22 ROCKY MOUNTAIN FARMERS UNION; REDWOOD COUNTY MINNESOTA CORN AND SOYBEANS GROWERS; PENNY NEWMAN GRAIN, INC.; GROWTH ENERGY and the RENEWABLE FUELS ASSOCIATION, LEAD CASE NO. 1:09-CV-02234-LJO-DLB CONSOLIDATED WITH CASE NO. 1:10-CV-00163-LJO-DLB ORDER GRANTING DEFENDANTS’ Plaintiffs, APPLICATION TO FILE UNDER SEAL: (1) UNREDACTED SUR-REPLY BRIEF; v. (2) UNREDACTED DECLARATION OF M. ELAINE MECKENSTOCK; (3) UNREDACTED SECOND JAMES N. GOLDSTENE, in his official DECLARATION OF MICHAEL WAUGH capacity as Executive Officer of the CALIFORNIA AIR RESOURCES BOARD, Defendants. 23 and Related Consolidated Action. 24 NATIONAL PETROCHEMICAL & REFINERS ASSOCIATION, AMERICAN TRUCKING ASSOCIATIONS, THE CENTER FOR NORTH AMERICAN ENERGY SECURITY, and THE CONSUMER ENERGY ALLIANCE, Judge: 25 26 The Honorable Lawrence J. O'Neill Action Filed: December 23, 2009 27 Plaintiffs, 28 1 [Proposed] Order Granting Defendants’ App to File Under Seal: (1) Unred. Sur-Reply Brief; (2) Unred. Decl. of M. Elaine Meckenstock; (3) Unred. Second Decl. of Michael Waugh (1:09-CV-02234-LJO-DLB) 1 v. 2 3 JAMES N. GOLDSTENE, in his official capacity as Executive Officer of the CALIFORNIA AIR RESOURCES BOARD, 4 5 Defendants. For good cause appearing, and pursuant to this Court’s Local Rule 141, this Court 6 7 GRANTS Defendants’ and Defendant-Intervenors’ (“Defendants”) application to file their 8 unredacted sur-reply and two supporting declarations under seal. Defendants may file the 9 unredacted versions of the documents listed below under seal. The Clerk of Court is DIRECTED to seal the following documents submitted in support of 10 11 Defendants’ Sur-Reply in Opposition to RMFU Plaintiffs’ Motion for Preliminary Injunction: 12 a) An unredacted version of Defendants’ and Defendant-Intervenors’ Sur-Reply in 13 Opposition to RMFU Plaintiffs’ Motion for Preliminary Injunction, 14 b) An unredacted version of the Declaration of M. Elaine Meckenstock in Support of 15 Defendants’ Sur-Reply in Opposition to RMFU Plaintiffs’ Motion for Preliminary Injunction, 16 c) An unredacted version of the Second Declaration of Michael Waugh in Support of 17 Defendants’ Sur-Reply in Opposition to RMFU Plaintiffs’ Motion for Preliminary Injunction. 18 19 20 IT IS SO ORDERED. Dated: 21 /s/ Lawrence J. O’Neill June 8, 2011 UNITED STATES DISTRICT JUDGE 22 23 DEAC_Signature-END: b9ed48bb 24 25 26 27 28 2 [Proposed] Order Granting Defendants’ App to File Under Seal: (1) Unred. Sur-Reply Brief; (2) Unred. Decl. of M. Elaine Meckenstock; (3) Unred. Second Decl. of Michael Waugh (1:09-CV-02234-LJO-DLB)

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