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

Case 1:08-cv-00094-JPW

Document 12

Filed 03/03/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BID PROTEST

TYLER CONSTRUCTION GROUP,
Plaintiff,
v.

Civil Action No. 08-94C (Judge Wiese)
Defendant.

THE UNITED STATES,

APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE COUNSEL
1. I, Timothy A. Sullivan, 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 Tyler Construction Group, a pary to this proceeding.
3. I am a member ofthe 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
peronnel 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 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 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 participate in decisions about, marketing or
advertising strategies, product research and development, product design or competitive

i

Case 1:08-cv-00094-JPW

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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 tribunal: NONE.

8. I have read the Protective Order issued by the cour in this proceeding. I wi1 comply
in all respects with that order and wi1 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 terms 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.

By my signature, I certify that, to the best of my knowledge, the representations set forth

above are tre and correct.

Signature Timothv A. Sullvan. Esq, Name and Title (215) 542-2777

~~~
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3/03/2008
Date Executed

Case 1:08-cv-00094-JPW

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Telephone Number (215) 542-2779 Fax Number

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

~1lL

3/03/2008 Date Executed

Telephone Number
(2 i 5) 542-2779

Fax Number

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