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,
TALISMAN ENERGY, INC., and REPUBLIC OF THE SUDAN, Defendants.
The opinion of the court was delivered by: DENISE COTE, District Judge
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
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 ". . .
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.
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