Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:00-cv-00697-JFM

Document 234

Filed 05/25/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

WISCONSIN ELECTRIC POWER COMPANY, Plaintiff, v. THE UNITED STATES, Defendant.

No. 00-697C Senior Judge Merow

MOTION FOR ENTRY OF ORDER REGARDING PROTECTION OF PROPRIETARY SOFTWARE PROGRAM Plaintiff Wisconsin Electric Power Company ("WE") and the Defendant (the "Government") hereby submit this joint stipulation and proposed order to specially protect proprietary and confidential pricing and technical information contained within a computer software program ("Proprietary Software Program") developed by Holtec International, Inc. ("Holtec") that may be subject to discovery in this action. Accordingly, pursuant to Paragraph 7 of the Protective Order entered in this case on May 9, 2002, the parties agree to the following additional protection with respect to the Holtec Proprietary Software Program: Any expert or consultant that views or uses the Proprietary Software Program must execute an acknowledgement, in the form attached hereto (Attachment 1), affirming that: 1. the expert or consultant will use the Proprietary Software Program solely for consideration in connection with the instant action (Wisconsin Electric Power Company v. United States, 00-697C); the expert or consultant will not disclose the Proprietary Software Program to any third party or make any other use of the Proprietary Software Program, including any commercial use; and

2.

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3.

upon final resolution of the action Wisconsin Electric Power Company v. United States, 00-697C, the Proprietary Software Program must be provided back to plaintiff Wisconsin Electric Power Company for return to Holtec, and the Proprietary Software Program must be removed from the computers and from any other data recording devices used by the Government and its experts or consultants.

The Government will provide copies of each of the executed acknowledgements to counsel for WE within ten days of such acknowledgements being executed. A proposed order is attached as part of this joint stipulation (Attachment 2). Dated: May 24, 2006 s/Richard W. Oehler by s/Emily C.C. Poulin Richard W. Oehler Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, Washington 98101-3099 (206) 583-8419 Attorneys for Plaintiff WISCONSIN ELECTRIC POWER COMPANY

Of Counsel: Donald J. Carney Perkins Coie LLP 607 Fourteenth Street, N.W. Washington, D.C. 20005 (202) 434-1675

PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Harold D. Lester, Jr.__________________ HAROLD D. LESTER, JR. Assistant Director s/Kevin B. Crawford Kevin B. Crawford Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530

OF COUNSEL: JANE K. TAYLOR MARTHA S. CROSSLAND Office of General Counsel U.S. Department of Energy 1000 Independence Ave., S.W.

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Washington, D.C. 20585

Telephone: (202) 305-9640 Fascimile: (202) 305-2503 Attorney for Defendant

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CERTIFICATE OF SERVICE I certify under penalty of perjury that, on May 24, 2006, I caused a copy of the foregoing "Motion For Entry of Order Regarding Protection of Proprietary Software Program" to be filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/Emily C.C. Poulin Emily C.C. Poulin

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