UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
| Civil Action No.: 1:10-cv-01415-WHP
Hon. William H. Pauley III
AMENDED STIPULATION BY THE UNITED STATES AND KEYSPAN
It is hereby stipulated by and between the undersigned parties that:
- The Court has jurisdiction over the subject matter of this action
and over defendant KeySpan Corporation ("KeySpan"); KeySpan waives
service of summons on the Complaint; and venue is proper in the Southern
District of New York.
- A proposed Final Judgment in the form attached hereto as Exhibit
A may be filed with this Court by the United States and may
be entered by the Court, upon the motion of any party or upon the
Court's own motion, at any time after compliance with the requirements
of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16,
and without further notice to any party or other proceedings, provided
that plaintiff has not withdrawn its consent, which it may do at
any time before the entry of the proposed Final Judgment by serving
notice thereof on KeySpan and by filing that notice with the Court.
- KeySpan represents that the payment ordered in the proposed Final
Judgment can and will be made, and that KeySpan will later raise
no claim of mistake, hardship, or difficulty of compliance as grounds
for asking the Court to modify any of the provisions contained therein.
- The parties' execution of this Final Judgment settles any and all
claims of the United States against KeySpan arising from the specific
events giving rise to the allegations described in the Complaint.
- In the event that the proposed Final Judgment is not entered pursuant
to this Stipulation, this Stipulation shall become null and void
and shall be of no effect whatever, and the making of this Stipulation
shall be without prejudice to any party in this or any other proceeding.
Dated this 17th day
of June 2010.
|FOR PLAINTIFF UNITED STATES OF
Jade Alice Eaton
Trial Attorney, Transportation, Energy, &
U.S. Department of Justice
450 Fifth Street, NW, Suite 8000
Washington, DC 20530
Tel.: (202) 307-6316
Fax: (202) 307-2784
|FOR DEFENDANT KEYSPAN
John H. Lyons
Skadden, Arps, Slate, Meagher & Flom LLP
1440 New York Avenue, N.W.
Washington, D.C. 20005-2111
Tel.: (202) 371-7333
Fax: (202) 661-9006
Peter J. Kadzik
Dickstein Shapiro LLP
1825 Eye Street, N.W.
Washington, D.C. 20006
Tel.: (202) 420-4704
Fax: (202) 379-9313