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. )
____________________________________)

ORDER TO SEAL DOCUMENT

Good cause having been shown and pursuant to Rule 26(c) of the Federal Rules of Civil

Procedure and Local Rule 106(j), the Court ORDERS as follows:

1. The document filed as Exhibit 16 attached to the Memorandum of the United

States to be filed in Opposition to Nextel’s Motion to Vacate the 1995 Consent Decree shall be

placed under seal by the Clerk of the Court, not made part of the public record herein.

2. The document, and any copies or extracts thereof, shall be retained in the custody

of the defendants’ attorneys during the pendency of the litigation, and shall not be in the

possession of any of the defendants.

 3. Defendants’ attorneys, and each of them, promptly upon completion of the

litigation or at such time as they have no further use for the document, whichever shall first

occur, shall return to Plaintiff United States all copies and extracts of data from the document.

4. Defendants and their attorneys shall refrain from referring in open court to any

commercially sensitive data as defined in Rule 26(c)(7) of the Federal Rules of Civil Procedure

contained in the document, and any testimony regarding such data shall be heard by the Court in

camera.

5. Defendants and their attorneys shall not in any manner, directly or indirectly,

transfer the document or copies of the document, or communicate, orally or in writing, any

commercially sensitive data (as defined by Rule 26(c)(7) of the Federal Rules of Civil

Procedure) contained in the document to any person other than for purposes directly related to

trial of this cause, and any such person to whom such communication is made shall be bound by

the terms of this order.

________________________________
THOMAS F. HOGAN
UNITED STATES DISTRICT JUDGE

Dated: February 29 , 1999.