Motion of the United States to Seal Exhibit 16 Attached to the Memorandum of the United States in Opposition to Nextel's Motion to Vacate the 1995 Consent Decree

Date: 
Monday, March 1, 1999
Document Type: 
Modification/Termination Papers

Download the WP 5.1 version

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF THE DISTRICT OF COLUMBIA

 

  ______________________________________
    )    
  UNITED STATES OF AMERICA, )    
    )    
                      Plaintiff, )    
    )    
            v. ) Case No. 1:94CV02331 (TFH)
    ) Filed: 2/29/99
  MOTOROLA, INC. and )    
  NEXTEL COMMUNICATIONS, INC., )    
    )    
                      Defendants. )    
  ______________________________________ )  

 

  MOTION OF THE UNITED STATES TO SEAL EXHIBIT 16 ATTACHED TO
    THE MEMORANDUM OF THE UNITED STATES IN OPPOSITION
    TO NEXTEL'S MOTION TO VACATE THE 1995 CONSENT DECREE

   Plaintiff United States moves this Court pursuant to Local Court Rule 106(j)(1) for an
order permitting the United States to seal the attached Exhibit 16, an attachment to the
Memorandum of the United States to be filed in Opposition to Nextel's Motion to Vacate the
1995 Consent Decree scheduled to be filed on February 26, 1999.
 

   Exhibit 16 is a memorandum that was attached to a premerger filing submitted by DLJ
Merchant Banking Partners II, L.P. ("DLJ") to the Department of Justice Antitrust Division and
the Federal Trade Commission under Section 7A of the Clayton Act, 15 U.S.C. § 18a, as added
by Section 201 of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR Act").
Exhibit 16 analyzes Defendant Nextel's operations for the purpose of determining whether DLJ
should invest in a joint venture to develop Defendant Nextel's 800 MHz licenses in second and
third tier markets throughout the United States. The small portion of Exhibit 16 cited by Plaintiff
United States does not contain confidential business information as defined in Rule 26(c)(7) of
the Federal Rules of Civil Procedure.
 

   However, the balance of Exhibit 16 contains material which arguably constitutes
confidential business information belonging to Defendant Nextel and DLJ. Plaintiff United
States is attaching Exhibit 16 in its entirety to allow the Court to gain a complete perspective on
its contents. Because Exhibit 16 arguably contains sensitive business information belonging to
Defendant Nextel and DLJ and is being submitted as an attachment to the United States'
Memorandum in Opposition to Nextel's Motion to Vacate the 1995 Consent Decree, before the
Court can enter the parties' Stipulated Protective Order, out of an abundance of caution, the
United States respectfully moves this Court for an order permitting the United States to enter
Exhibit 16 under seal for purposes of this proceeding.
 

Dated: February 26, 1999
                            Respectfully submitted,
 

                            FOR PLAINTIFF UNITED STATES:
 

 

                             ____________/s/____________
                            Donald J. Russell
                            Chief, Telecommunications Task Force
 

 

                            ____________/s/____________
                            Claude F. Scott, Jr. (D.C. Bar No. 414960)
                            Trial Attorney
 

                            Department of Justice
                            Telecommunications Task Force
                            1401 H Street, N.W., Suite 8000
                            Washington, DC 20530
                            (202) 514-5641

Updated August 18, 2015