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THE PRESBYTERIAN CHURCH OF SUDAN v. TALISMAN ENERGY

United States District Court, S.D. New York


September 2, 2005.

THE PRESBYTERIAN CHURCH OF SUDAN, REV. MATTHEW MATHIAN DEANG, REV. JAMES KOUNG NINREW, NUER COMMUNITY DEVELOPMENT SERVICES IN U.S.A., FATUMA NYAWANG GARBANG, NYOT TOT RIETH, individually and on behalf on the Estate of her husband JOSEPH THIET MAKUAC, STEPHEN HOTH, STEPHEN KUINA, CHIEF TUNGUAR KUEIGWONG RAT, LUKA AYUOL YOL, THOMAS MALUAL KAP, PUOK BOL MUT, CHIEF PATAI TUT, CHIEF PETER RING PATAI, CHIEF GATLUAK CHIEK JANG, YIEN NYINAR RIEK, and MORIS BOL MAJOK, and on behalf of all others similarly situated, Plaintiffs,
v.
TALISMAN ENERGY, INC., and REPUBLIC OF THE SUDAN, Defendants.

The opinion of the court was delivered by: DENISE COTE, District Judge

ORDER

Having reviewed in camera the materials, submitted as part of the plaintiffs' renewed motion for class certification, which defendant Talisman Energy, Inc. ("Talisman") contends should be excluded from the public record as confidential pursuant to Rule 26(c) (7), Fed.R.Civ.P., and having considered the parties' arguments relating to these materials in letters dated August 4, 11, and 16, 2005, it is hereby

ORDERED that the following passages, included as highlighted portions of Exhibits 1-13 to plaintiffs' August 4 letter, and originally designated by Talisman as confidential, shall be designated non-confidential and filed in the public record: Tab 1. All passages in the Antonov/Hind Plaintiffs' Memorandum of Law in Support of Their Motion for Class Certification.

  Tab 2. TE0548153: All passages in paragraphs 3.22 and 3.23. The entirety of TE0548160.

  Tab 3. All passages of Deposition of Mark Reading.

  Tab 4. All passages of Harker Report Investigation.

  Tab 5. TE0349163: Paragraph under the heading "Buffer Zone."

  TE0349164: Passage from "Vehicles are in . . ." to ". . . Heglig airstrip."

  Tab 6. TE0250241: Passage "Manager of Security for Downstream." Passage from "Access control to . . ." to ". . . insurgents — Military, Petroleum Security."

  TE0250242: Passage "Guarding of oilfield installations (for example, — to — military personnel at each rig site)."

  Tab 7. Page 2 of Dingley fax: Passage from "Armoured personnel . . ." to ". . . permanent basis."

  Page 2 of Talisman Energy Sudan Post Visit Report: Paragraph under the heading "Buffer Zone."

  Page 3 of Talisman Energy Sudan Post Visit Report:

  In the paragraph under the heading "Military Deployment," the passage from "Vehicles are in . . ." to ". . . Heglig airstrip."

  Tab 8. All passages of Field Trip & Security Update 5-8 May 01. Tab 9. All passages of Sitrep for Period 15-22 November 1999.

  Tab 10. TE0521013: Passage from "It will also serve . . ." to ". . . vigilance in this area."

  Tab 11. All passages of O'Sullvan e-mail.

  Tab 13. TE0549482: Passage from "A visitor at the moment will see . . ." to ". . . troop movement south."

  TE0549486: Passage "GNPOC could not operate in Block 4 in 2000 due to instability in the area."

  IT IS FURTHER ORDERED that the remaining highlighted passages in Exhibits 1-13 in plaintiffs' August 4 letter, originally designated by Talisman as confidential, shall remain confidential and under seal.

  SO ORDERED

20050902

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