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In re Subpoena Issued to Commodity Futures Trading Commission

April 28, 2005

IN RE SUBPOENA ISSUED TO COMMODITY FUTURES TRADING COMMISSION


The opinion of the court was delivered by: John D. Bates United States District Judge

ORDER

Upon consideration of [29] E. and J. Gallo Winery's Motion to Compel and [39] Duke Energy Corp. and Reliant Energy Services, Inc.'s motion to strike, and the entire record in this case, and for the reasons stated in the accompanying Memorandum Opinion issued on this date, it is this 28th day of April, 2005, hereby

ORDERED that E. and J. Gallo Winery's Motion to Compel is GRANTED as to the WD Energy documents held by the CFTC for which WD Energy has asserted a settlement privilege; and it is further

ORDERED that Duke Energy Corp. and Reliant Energy Services, Inc.'s motion to strike is DENIED for the reasons stated in open court on March 11, 2005, and March 24, 2005.

20050428

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