Free Uncategorized - District Court of Colorado - Colorado

Case 1:04-cv-01881-WYD-BNB

Document 533

Filed 07/27/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1881-WYD-BNB CHARLES M. KOVACS, CHRISTINE H. BUKALA, DANNY M. TRAMMELL, ROBERT C. McGRATH, and JOSEPH J. RAGUSA, Plaintiffs; v. THE HERSHEY COMPANY, formerly known as HERSHEY FOODS CORPORATION, a Delaware corporation, Defendant. DEFENDANT'S UNOPPOSED MOTION TO FILE UNDER SEAL REPLY IN SUPPORT OF MOTION IN LIMINE REGARDING NONPARTY WITNESS PATRICIA C. MOONEY Defendant, The Hershey Company ("Hershey"), respectfully moves to file under seal its Reply in Support of Motion in Limine Regarding Nonparty Witness Patricia C. Mooney (the "Reply"), pursuant to D.C.COLO.LCivR 7.2 and Paragraph 7 of the Stipulated Protective Order in this action (the "Protective Order"), for the reasons set forth below. CERTIFICATION PURSUANT TO D.C.COLO.LCIVR 7.1(A) This motion is unopposed, pursuant to Paragraph 7 of the Protective Order. ARGUMENT 1. Hershey is submitting the Reply in support of its Motion in Limine Regarding

Nonparty Witness Patricia C. Mooney (the "Motion in Limine"). On August 2, 2006, this Court

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granted Hershey's motion to file the Motion in Limine and the exhibits thereto under seal (docket no. 394). 2. This Court denied the Motion in Limine, without prejudice, on September 14,

2006. At the June 18, 2007 status conference conducted in this matter, this Court granted Hershey leave to resubmit the Motion in Limine, together with Hershey's three other previouslyfiled motions in limine. 3. On June 22, 2007, Hershey refiled the Motion in Limine through its Resubmission

of Motions in Limine (the "Resubmission"). Hershey attached a copy of the Motion in Limine, under seal, as Exhibit 3 to the Resubmission. On July 9, 2007, this Court granted Hershey's motion to file Exhibit 3 to the Resubmission under seal (docket no. 531). 4. The Reply concerns, cites to, and quotes from the same type of confidential

business information as does the Motion in Limine. 5. For the same reasons that this Court has twice authorized the filing of the Motion

in Limine under seal, the Reply and the exhibits thereto should also be filed under seal. WHEREFORE, Hershey respectfully requests that this Court enter an Order placing the Reply and all exhibits thereto under seal, in their entirety. Respectfully submitted this 27th day of July, 2007.

s/Lino S. Lipinsky de Orlov Lino S. Lipinsky de Orlov Jennette Campopiano Roberts MCKENNA LONG & ALDRIDGE LLP 1875 Lawrence Street, Suite 200 Denver, Colorado 80202 Telephone: (303) 634-4000 Fax: (303) 634-4400 2

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Linda C. Schoonmaker SEYFARTH SHAW LLP 700 Louisiana, Suite 3700 Houston, Texas 77002 Telephone: (713) 860-0083 Facsimile: (713) 225-2340 Jennifer E. Chung SEYFARTH SHAW LLP 815 Connecticut Avenue, N.W. Suite 500 Washington, D.C. 20006-4004 Telephone: (202) 463-2400 Facsimile: (202) 828-5393 ATTORNEYS FOR DEFENDANT, THE HERSHEY COMPANY

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CERTIFICATE OF SERVICE I hereby certify that, on this 27th day of July, 2007, the foregoing DEFENDANT'S UNOPPOSED MOTION TO FILE UNDER SEAL REPLY IN SUPPORT OF MOTION IN LIMINE REGARDING NONPARTY WITNESS PATRICIA C. MOONEY was electronically filed with the clerk of court using the CM/ECF system, which will send notification of such filing to the following individuals at the following electronic mail addresses: David C. Feola, Esq. Law Office of David C. Feola, P.C. 29025 D Upper Bear Creek Road Evergreen, CO 80439 [email protected] William S. Finger, Esq. Frank & Finger, P.C. 29025 D Upper Bear Creek Road P.O. Box 1477 Evergreen, CO 80437-1477 [email protected]

s/ Lino S. Lipinsky de Orlov Lino S. Lipinsky de Orlov Jennette Campopiano Roberts MCKENNA LONG & ALDRIDGE LLP 1875 Lawrence Street, Suite 200 Denver, Colorado 80202 Telephone: (303) 634-4000 Facsimile: (303) 634-4400
DN:32126728.1

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