Case 3:07-md-00001-PAM-JRK Document 317 Filed 01/07/2010 Page 1 of 2

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

In re Tri-State Water Rights Litigation Case No. 3:07-md-00001 (PAM/JRK)

ORDER

This matter is before the Court on a joint Motion for Order Regarding Confidentiality

of Settlement Negotiations. In this Motion, the States of Alabama, Florida, and Georgia ask

the Court to declare that ongoing settlement negotiations in this litigation be kept

confidential. No parties oppose the Motion, although the Southeastern Federal Power

Customers responded to the Motion by asking the Court to ensure that the States keep other

parties apprised of the settlement negotiations.

The Court is confident that the parties understand that this litigation will be fully

resolved only when all parties participate in settlement discussions. However, it is the

Court’s firm opinion that a settlement of such a complicated and inflammatory case such as

this can occur only if some negotiations, whether among all parties or among only some of

the parties, are conducted privately. The Court will therefore enter the Order the States seek.

Accordingly, IT IS HEREBY ORDERED that:

1. The Motion for Order Regarding Confidentiality of Settlement Negotiations

(Docket No. 315) is GRANTED;

2. The ongoing negotiations among the three States of Alabama, Florida, and

Georgia concerning the issues presented by this litigation are, and shall be
 Case 3:07-md-00001-PAM-JRK Document 317 Filed 01/07/2010 Page 2 of 2

kept, confidential;

3. This Order extends to all documents, data or other materials prepared in

anticipation of or exchanged in the course of such negotiations and to all

statements made during the negotiations;

4. All parties participating in such negotiations also shall be bound by this Order

and shall keep confidential the negotiations and related documents of which

they may become apprised;

5. This Order shall continue in effect until modified;

6. This Order shall not affect the current schedule for Phase Two of this

litigation.

Dated: Thursday, January 7, 2010

s/ Paul A. Magnuson
Paul A. Magnuson
United States District Court Judge