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

Case 1:08-cv-00151-ECH

Document 9

Filed 03/13/2008

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IN THE UNITED STATES COURT OF FEDERAL Cl,AIMS
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ALLIED MATERIALS & EQUIPMENT CO., INC. Plaintiff,
v.
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THE UNITED STATES Defendant.
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CoFCNo.08-151C BID PROTEST (JUDGE HEWITT)

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APl)LICA TION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL 1. I, JAMES S. DELSORDO, hereby apply for access to protected information covered by the Protective Order issued connection with this proceeding. 2.a. I am an attorney the law firm of ARGUS LEGAL,LLC and have been retained to represent ALLIED MATERIALS & EQUIPMENT CO., INC., a party to this proceeding. b. I (inside counsel] am in-house counsel (my title is: for __________ , a party to this proceeding. NOT APPLICABLE 3. I am a member ofthe bar of United States Court of Federal Claims (the "Court"). 4. My professional relationship with the party I represent in this proceeding and its personnel is strictly one of 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 party I represent, any entity that is an interested party to this proceeding, or any other firm 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 parties in matters involving similar or corresponding information about a competitor. This means that I do not, for example, provide advice concerning, or participate in decisions about, marketing or advertising 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 (by writing "none" or listing names and relevant circumstances) those attorneys in my firm who, to best of my knowledge, cannot make the representations set forth in the preceding paragraph: NONE 6. I identify here (by writing "none" or listing names, positions, and responsibilities) any member of my immediate who is an officer or holds a management position with an

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Case 1:08-cv-00151-ECH

Document 9

Filed 03/13/2008

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interested party in the proceeding or with any other firm that might gain a competitive advantage from access to the disclosed under the Protective Order.

NONE
7. I identify here date, and circumstances) had admission revoked, administrative or judicial (by writing "none" or identifying the name of the forum, case number, instances which I have been denied admission to a protective order, or have been found to have violated a protective order issued by any tribunal.

NONE
8. I [inside counsel] have attached a detailed narrative providing the following information: a. My position and responsibilities as in-house counsel, including my role in providing advice in procurement-related matters; b. The person(s) to whom I report and their positions(s) and responsibilities; c. The number of in-house counsel at the office in which I work and their involvement, if any, in competitive decision making and in providing advice in procurement-related matter. d. My relationship to nearest person involved competitive decision making (both in terms of physical proximity and corporate structure); and e. Measures taken to isolate me from competitive decision making and to protect against the inadvertent disclosure of protected information to persons not admitted under the Protective Order. NOT APPLICABLE 9. I have read the Protective Order issued by the Court in this proceeding. I will comply in all respects with that order and will abide by its terms and conditions in handling any protected information produced connection with the proceeding. IO. I acknowledge that a violation of the terms of the Protective Order may result in the imposition of such sanctions as may deemed appropriate by the Court and in possible civil and criminal liability By my signature, I certify that, to best of knowledge, the representations set forth above (including attached statements) are true and correct.

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Case 1:08-cv-00151-ECH

Document 9

Filed 03/13/2008

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Date Executed James S. DelSordo, Esq. Argus Legal, LLC 9255 Center St. Suite 307 Manassas, VA 20110 (703) 368-8770 fax (703) 368-8772 [email protected]

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Date Executed James S. DelSordo, Esq. Argus Legal, LLC 9255 Center St. Suite 307 Manassas, VA 20110 (703) 368-8770 fax (703) 368-8772 [email protected]

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