Free Motion for Protective Order - District Court of Federal Claims - federal

Case 1:08-cv-00133-MMS

Document 17

Filed 03/11/2008

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

No. 08-133C (Judge Sweeney)

DEFENDANT'S UNOPPOSED MOTION FOR A PROTECTIVE ORDER Pursuant to Rule 26(c) of the Rules of the United States Court of Federal Claims, defendant respectfully requests that this Court enter the accompanying proposed protective order prohibiting the disclosure of confidential source selection matters, sensitive plans or specifications, and other proprietary information in accordance with the terms and conditions set forth in the proposed protective order. The proposed protective order is essentially the same as the sample found as Form 8 of the Rules of the United States Court of Federal Claims, with minor changes in paragraph 12(b)-(c) allowing the parties some flexibility in providing redactions to each other, and changes to paragraph 13 allowing private parties to make five copies of protected documents rather than three copies. Plaintiff's counsel has represented that plaintiff, Global Computer Enterprises, Inc., does not oppose this motion. Intervenor's counsel has represented that intervenor, QSS Group, Inc., does not oppose this motion. This case involves competitive procurement matters and includes proprietary and confidential pricing information, source selection information, and other sensitive procurement

Case 1:08-cv-00133-MMS

Document 17

Filed 03/11/2008

Page 2 of 3

information. Because the administrative record contains protected materials necessary to safeguard the competitive process, we request that all filings in this case that disclose protected materials be made under seal. For the foregoing reasons, defendant respectfully requests that this Court issue the attached proposed protective order. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director

/s/ Kenneth M. Dintzer KENNETH M. DINTZER Assistant Director

/s/ William P. Rayel WILLIAM P. RAYEL Trial Attorney Commercial Litigation Branch Civil Division United States Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, NW Washington, DC 20530 Phone: (202) 616-0302 Fax: (202) 307-0972

March 11, 2007

Attorneys for Defendant

2

Case 1:08-cv-00133-MMS

Document 17

Filed 03/11/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on March 11, 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR A PROTECTIVE ORDER" with accompanying protective order, was 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/ William P. Rayel