Free Order on Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:01-cv-00551-BAF

Document 182

Filed 06/16/2008

Page 1 of 2

In the United States Court of Federal Claims
No. 01-551C (Filed June 16, 2008) *********************** PSEG NUCLEAR, L.L.C. and PUBLIC SERVICE ELECTRIC AND GAS COMPANY, Plaintiffs, v. THE UNITED STATES, Defendant. *********************** * * * * * * * * * * * * *

ORDER Pursuant to the Joint Motion For Entry Of E-Mail Preservation Order, filed on June 13, 2008, the court hereby orders the adoption of the salient provisions of the E-Mail Plan utilized in the coordinated discovery proceedings, as follows: 1. Except as noted in paragraph 2 below, the parties agree that no preservation or retention requirements with respect to e-mail and electronic evidence apply to any of the parties. The parties agree to preserve any e-mail backup tapes that exist from the 1988-1996 time frame which may potentially contain relevant information. DOE will only have to preserve such tapes to the extent that they are from the Office of Civilian Radioactive Waste Management ("OCRWM").

2.

Case 1:01-cv-00551-BAF

Document 182

Filed 06/16/2008

Page 2 of 2

3.

The parties agree evenly to share the costs of any searches of any of the backup tapes preserved pursuant to paragraph 2, which costs should not exceed $15,000 for each tape.

IT IS SO ORDERED.

s/Bohdan A. Futey BOHDAN A. FUTEY Judge

-2-