IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
MICROSEMI CORPORATION,
Defendant.
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Civil Action No. 1:08 CV 1311
Judge: Trenga, Anthony J.
Filed: February 25, 2009
Hearing Date: March 6, 2009
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PLAINTIFF'S MOTION FOR LIMITED DISCOVERY
AND REQUEST FOR IN CAMERA PROCEEDING
Plaintiff United States, through its undersigned counsel, respectfully requests that this
Court enter an order permitting the Plaintiff to conduct expedited, limited discovery to determine
the status of the assets subject to this Court's December 24, 2008 Order to Preserve and Maintain
Assets and further requests an in camera, ex parte review of the confidential exhibit submitted
with the motion. As grounds for the motion, Plaintiff states as follows:
- The assets acquired by Microsemi (the former Semicoa facility) produce
electronic parts that are used in vital military space programs and for other civilian
programs. See Declarations of Gary Bartmann, Karin Hougen, Jack Nicholson,
David Davis, David Emily, Mike Sampson, Thomas Hess and Raymond
Kolonchuk attached to Plaintiff's Emergency Motion for Temporary Restraining
Order.
- This Court entered an Order on December 24, 2008 directing Microsemi to
preserve and maintain the assets pending adjudication on the merits. (Docket
#28).
- If the assets are idled or otherwise dissipated, the Court may be unable to order
effective relief to remedy the antitrust violation alleged in the Complaint.
- Plaintiff is concerned that the assets are not being preserved as required by the
Order to Preserve and Maintain Assets. As support for this motion, Plaintiff will
submit herewith an exhibit for in camera and ex parte review by the Court. The
information in this exhibit is believed to be privileged and confidential and should
be reviewed by the Court in camera and protected from disclosure to Defendant
Microsemi unless otherwise ordered by the Court.
Plaintiff has noticed this motion for hearing on March 6, 2009, but requests a ruling on
the papers, should the Court deem such action appropriate. Defendant's counsel has been
apprised of this motion and does not consent.
Dated: February 25, 2009 |
Respectfully submitted, |
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_______________/s/________________
LOWELL STERN (VA Bar #33460)
Counsel for the United States
Trial Attorney
Antitrust Division, Litigation II Section
United States Department of Justice
1401 H Street, N.W., Suite 3000
Washington, D.C. 20530
(202) 514-3676
(202) 307-6283 (fax)
Lowell.Stern@usdoj.gov
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 25th day of February, 2009, I will electronically file the
foregoing with the Clerk of Court using the CM/ECF system, which will then send a notification
of such filing (NEF) to the following:
Brian A. O'Dea
Michael Antalics
Benjamin G. Bradshaw
William T. Buffaloe
O'Melveny & Meyers LLP
1625 Eye Street, N.W.
Washington, DC 20006
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_______________/s/________________
LOWELL STERN (VA Bar #33460)
Counsel for the United States
Trial Attorney
Antitrust Division, Litigation II Section
United States Department of Justice
1401 H Street, N.W., Suite 3000
Washington, D.C. 20530
(202) 514-3676
(202) 307-6283 (fax)
Lowell.Stern@usdoj.gov
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