Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:08-cv-00133-MMS

Document 78

Filed 07/18/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Bid Protest ) GLOBAL COMPUTER ENTERPRISES, ) INC. ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant, ) ) and ) ) QSS GROUP, INC., ) ) Defendant-Intervenor. )

No. 08-133C (Judge Sweeney)

CONSENT MOTION OF DEFENDANT-INTERVENOR GLOBAL COMPUTER ENTERPRISES, INC. FOR LEAVE TO FILE CORRECTED VERSION OF APPLICATION FOR ACCESS UNDER THE PROTECTIVE ORDER Defendant-Intervenor Global Computer Enterprises, Inc. ("GCE") respectfully moves for leave to file a corrected version of John Janecek's application for access under the Protective Order. The grounds for this motion are as follows: 1. In applying for access under a protective order in a different case, Mr. Janecek

realized he had inadvertently omitted information from his March 13, 2008 application in this case [Dkt. No. 22]. 2. As described in paragraph 7 of the proposed corrected application (attached), the

Government Accountability Office found in 2005 that Mr. Janecek inadvertently committed a technical violation of a protective order in a GAO proceeding. Mr. Janecek did not disclose that

Case 1:08-cv-00133-MMS

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prior violation on his application in this case because the GAO only requires disclosures of violations occurring in the past two years; Mr. Janecek erroneously assumed the same two-year cutoff applied to the protective order application in this Court. Having discovered his error, Mr. Janecek and the undersigned counsel are moving to correct his application in this case. 3. Counsel for GCE has conferred with counsel for the Government and with

counsel for QSS Group, Inc.; each have indicated that they consent to the motion. 4. For the foregoing reasons, GCE respectfully requests that the Court grant the

motion for leave to file the corrected version of the Application. Respectfully submitted,

s/ Jonathan J. Frankel Jonathan J. Frankel Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Ave, NW Washington, D.C. 20006 (202) 663-6113 (tel.) (202) 663-6363 (fax) Counsel of Record for Plaintiff Global Computer Enterprises, Inc. Of Counsel John P. Janecek Ariel B. Waldman Timothy R. Schnabel Sara K. Kasper Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Ave, NW Washington, D.C. 20006 (202) 663-6000 (tel.) (202) 663-6363 (fax) Dated: July 18, 2008

Case 1:08-cv-00133-MMS

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Bid Protest ) GLOBAL COMPUTER ENTERPRISES, ) INC. ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant, ) ) and ) ) QSS GROUP, INC., ) ) Defendant-Intervenor. ) ORDER This matter having come before the Court on Plaintiff Global Computer Enterprises, Inc. ("GCE")'s Motion For Leave to File a Corrected Version of Application For Access Under The Protective Order, it is this __ day of July, 2008, ORDERED, that GCE may file the corrected Application For Access Under The Protective Order, as attached to the motion.

No. 08-133C (Judge Sweeney)

Judge Margaret M. Sweeney