Free Application for Access to Protected Material - District Court of Federal Claims - federal

Case 1:08-cv-00261-LAS

Document 42

Filed 05/27/2008

Page 1 of 12

IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST

WATTS-HEALY TIBBITTS A JV

Plaintiff,
v.
No. 08-261C

(Senior Judge Smith)

THE UNITED STATES,
Defendant,
and

IBC/TOA Corporation,
Defendant-Intervenor.

APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE COUNSEL
1. I, Michael H. Payne, hereby apply for access to protected information covered by the
Protective Order issued in connection with this proceeding.

2. I am an attorney with the law firm of Payne Hackenbracht & Sullvan and have been
retained to represent Watts-Healy Tibbitts A JV, a pary to this proceeding.
3. I am a member of the bar of the United States Cour of

Federal Claims (the court).

4. My professional relationship with the pary I represent in this proceeding and its

personnel is strctly one of legal counsel. I am not involved in competitive decsion making as
discussed in u.s. Steel Corp. v. United States, 730 F.2d 1465 (Fed. Cir. 1984), for or on behalfof
the pary I represent, any entity that is an interested pary to this proceeding, or any other firm

1

Case 1:08-cv-00261-LAS

Document 42

Filed 05/27/2008

Page 2 of 12

that might gain a competitive advantage from access to the information disclosed under the

Protective Order. I do not provide advice or parcipate in any decisions of such parties in
matter involving similar or corresponding information about a competitor. This means that I do
not, for example, provide advice concerning, or paricipate in decisions about, marketing or
adverising strategies, product research and development, product design or competitive
strctung and composition of

bids, offers, or proposals with respect to which the use of

protected information could provide a competitive advantage.

5. I identify here those attorneys in my firm who, to the best of my knowledge, cannot
make the representations set forth in the preceding paragraph: NONE.

6. I identify here any member of my immediate family who is an offcer or holds a
management position with an interested pary in the proceeding or with any

other firm that might

gain a competitive advantage from access to the information disclosed under the Protective
Order: NONE.

7. I identify here instances in which I have been denied admission to a protective order,
had adssion revoked or been found to have violated a protective order issued by any

administrative or judicial trbunal: NONE.

8. I have read the Protective Order issued by the cour in this proceeding. I wil comply

in all respects with that order and wil abide by its ters and conditions in handling any
protected information produced in connection with the proceeding.
9. I acknowledge that a violation of

the ters ofthe Protective Order may result in the

imposition of such sanctions as may be deemed appropriate by the cour and in possible civil and
criminal liability.

2

Case 1:08-cv-00261-LAS

Document 42

Filed 05/27/2008

Page 3 of 12

By my signatue, I cerify that, to the best of my knowledge, the representations set forth
above are true and correct.

/U 11 ,f't
Signature Michael H. Payne. Esq. Name and Title (215) 542-2777 Telephone Number (215) 542-2779 Fax Number

~: t~ toúß

D e Executed

.r "1, r'r
Signature of Attorney of

In 2.1, i.g
Dlie E~ecuted

Record

Michael H. Payne. Esq. Name and Title (215) 542-2777 Telephone Number (215) 542-2779 Fax Number

3

Case 1:08-cv-00261-LAS

Document 42

Filed 05/27/2008

Page 4 of 12

IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST

WATTS-HEALY TIBBITTS A JV
Plaintiff,
v.
No. 08-261C

~

(Senior Judge Smith)
THE UNITED STATES,
Defendant,
and

IBC/TOA Corporation,

Defendant-Interenor.

APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE COUNSEL
1. I, Joseph A. Hackenbracht, hereby apply for access to protected information covered
by the Protective Order issued in connection with this proceeding.
2. I am an attorney with the law firm of

Payne Hackenbracht & Sullvan and have been

retained to represent Watts-Healy Tibbitts A JV, a par to this proceeding.

3. I am a member of

the bar of

the United States Court of

Federal Claims (the cour).

4. My professional relationship with the pary I represent in this proceeding and its
personnel is strctly one oflegal counseL. I am not involved in competitive decision making as
discussed in u.s. Steel Corp. v. United States, 730 F.2d 1465 (Fed. Cir. 1984), for or on behalf

of

the pary I represent, any entity that is an interested par to this proceeding, or any other firm

1

Case 1:08-cv-00261-LAS

Document 42

Filed 05/27/2008

Page 5 of 12

that might gain a competitive advantage from access to the information disclosed under the
Protective Order. I do not provide advice or paricipate in any decisions of such paries in

matters involving similar or corresponding information about a competitor. This means that I do

not, for example, provide advice concerning, or paricipate in decisions about, marketing or
adverising strategies, product research and development, product design or competitive
strctung and composition of

bids, offers, or proposals with respect to which the use of

protected information could provide a competitive advantage.
5. I identify here those attorneys in my firm who, to the best of my knowledge, canot

make the representations set fort in the preceding paragraph: NONE.
6. I identify here any member of my immediate family who is an officer or holds a management position with an interested pary in the proceeding or with any other firm that might
gain a competitive advantage from access to the information disclosed under the Protective
Order: NONE.

7. I identify here instances in which I have been denied admission to a protective order,
had admission revoked or been found to have violated a protective order issued by any

administrative or judicial trbunal: NONE.

8. I have read the Protective Order issued by the cour in this proceeding. I wil comply
in all respects with that order and wil abide by its terms and conditions in handling any
protected information produced in connection with the proceeding.
9. I acknowledge that a violation of the ters of

the Protective Order may result in the

imposition of such sanctions as may be deemed appropriate by the cour and in possible civil and
criminal liability.

2

Case 1:08-cv-00261-LAS

Document 42

Filed 05/27/2008

Page 6 of 12

By my signatue, I certfy that, to the best of my knowledge, the representations set forth
above are tre and correct.

Joseph A. Hackenbracht. Esq.

Sign~

~~ £7, ~&
Dat Eiecuted

Name and Title (215) 542-2777 Telephone Number (215) 542-2779 Fax Number

/l ï./ I'rSignatue of Attorney of Record

Æ Z7, 1øt
Die Executed

Michael H. Payne. Esq. Name and Title
(25) 542-2777

Telephone Number (215) 542-2779 Fax Number

3

Case 1:08-cv-00261-LAS

Document 42

Filed 05/27/2008

Page 7 of 12

IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST

WATTS-HEALY TIBBITTS A JV

Plaintiff,
v.
No. 08-261C

(Senior Judge Smith)

THE UNITED STATES,
Defendant,
and

IBC/TOA Corporation,
Defendant- Intervenor.

APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE COUNSEL
1. I, Timothy A. Sullvan, hereby apply for access to protected information covered by
the Protective Order issued in connection with this proceeding.

2. I am an attorney with the law firm of Payne Hackenbracht & Sullivan and have been
retained to represent Watts-Healy Tibbitts A JV, a party to this proceeding.
3. I am a member of the bar of the United States Court of

Federal Claims (the cour).

4. My professional relationship with the party I represent in this proceeding and its
personnel is strictly one oflegal counsel. I am not involved in competitive decision making as

discussed in US. Steel Corp. v. United States, 730 F.2d 1465 (Fed. Cir. 1984), for or on behalf of

the pary I represent, any entity that is an interested pary to this proceeding, or any other firm

i

Case 1:08-cv-00261-LAS

Document 42

Filed 05/27/2008

Page 8 of 12

that might gain a competitive advantage from access to the information disclosed under the
Protective Order. I do not provide advice or participate in any decisions of such paries in

matters involving similar or corresponding information about a competitor. This means that I do

not, for example, provide advice concering, or participate in decisions about, marketing or
advertsing strategies, product research and development, product design or competitive
structuring and composition of

bids, offers, or proposals with respect to which the use of

protected information could provide a competitive advantage.
5. I identify here those attorneys in my firm who, to the best of

my knowledge, canot

make the representations set fort in the preceding paragraph: NONE.

6. I identify here any member of my immediate family who is an offcer or holds a
management position with an interested pary in the proceeding or with any other firm that might
gain a competitive advantage from access to the information disclosed under the Protective
Order: NONE.

7. I identify here instances in which I have been denied admission to a protective order,
had admission revoked or been found to have violated a protective order issued by any

administrative or judicial trbunal: NONE.

8. I have read the Protective Order issued by the court in this proceeding. I wil comply
in all respects with that order and wil abide by its terms and conditions in handling any
protected information produced in connection with the proceeding.
9. I acknowledge that a violation of the ters of

the Protective Order may result in the

imposition of such sanctions as may be deemed appropriate by the court and in possible civil and

crminal liability.

2

Case 1:08-cv-00261-LAS

Document 42

Filed 05/27/2008

Page 9 of 12

By my signatue, I cerify that, to the best of my knowledge, the representations set forth
above are true and correct.

Signature

~lw~
~11~

. Da e Executed

~'i z 7 i.~

Timothv A. Sullvan. ESQ.

Name and Title (215) 542-2777 Telephone Number (215) 542-2779 Fax Number

#/ar Z-:,2Nf

Signature of Attorney of

Record

Date Executed

Michael H. Payne. ESQ.

Name and Title (215) 542-2777 Telephone Number (215) 542-2779 Fax Number

3

Case 1:08-cv-00261-LAS

Document 42

Filed 05/27/2008

Page 10 of 12

IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST

WATTS-HEALY TIBBITTS A JV
Plaintiff,
v.
No. 08-261C

(Senior Judge Smith)

THE UNITED STATES,
Defendant,
and

IBCITOA Corporation,

Defendant-Intervenor.

APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE COUNSEL
1. I, Elise M. Carlin, hereby apply for access to protected information covered by the
Protective Order issued in connection with this proceeding.
2. I am an attorney with the law firm of

Payne Hackenbracht & Sullvan and have been

retained to represent Watts-Healy Tibbitts A JV, a par to this proceeding.
3. I am not a member of the bar of the United States Court of

Federal Claims (the cour).

4. My professional relationship with the pary I represent in this proceeding and its
personnel is strctly one oflegal counsel. I am not involved in competitive decision making as
discussed in US. Steel Corp. v. United States, 730 F.2d 1465 (Fed. Cir. 1984), for or on behalf

of

the pary I represent, any entity that is an interested pary to this proceeding, or any other firm

1

Case 1:08-cv-00261-LAS

Document 42

Filed 05/27/2008

Page 11 of 12

that might gain a competitive advantage from access to the information disclosed under the

Protective Order. I do not provide advice or paricipate in any decisions of such paries in
matters involving similar or corresponding information about a competitor. This means that I do
not, for example, provide advice concerng, or participate in decisions about, marketing or

adverising strategies, product research and development, product design or competitive
structung and composition of

bids, offers, or proposals with respect to which the use of

protected information could provide a competitive advantage.
5. I identify here those attorneys in my firm who, to the best of my

knowledge, canot

make the representations set forth in the preceding paragraph: NONE.

6. I identify here any member of my immediate family who is an officer or holds a

management position with an interested pary in the proceeding or with any other firm that might
gain a competitive advantage from access to the information disclosed under the Protective
Order: NONE.

7. I identify here instances in which I have been denied admission to a protective order,
had admission revoked or been found to have violated a protective order issued by any
administrative or judicial tribunal: NONE.

8. I have read the Protective Order issued by the court in this proceeding. I wil comply
in all respects with that order and wil abide by its terms and conditions in handling any
protected information produced in connection with the proceeding.

9. I acknowledge that a violation of the ters of the Protective Order may result in the
imposition of such sanctions as may be deemed appropriate by the cour and in possible civil and
criminal

liability.

2

Case 1:08-cv-00261-LAS

Document 42

Filed 05/27/2008

Page 12 of 12

By my signatue, I cerify that, to the best of my knowledge, the representations set forth
above are true and correct.

YíL N ll Signature
Elise M. Carlin. ESQ.

. /L "1, L
Record

Dat xecuted

It~Z~tøf

Name and Title (215) 542-2777 Telephone Number (215) 542-2779 Fax Number

)?ff 1.7. ~B
D te Éxecuted

Signature of Attorney of

Michael H. Payne. Esq. Name and Title
(2 i 5) 542-2777

Telephone Number
(2 i 5) 542-2779

Fax Number

3