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

Case 1:08-cv-00094-JPW

Document 10

Filed 03/03/2008

Page 1 of 3

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
I. 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 & Sullivan and have been
retained to represent Tyler Construction Group, a party to this proceeding.
3. I am a member of the bar of the United States Cour of

Federal Claims (the cour).

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

Document 10

Filed 03/03/2008

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strcturing 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 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 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 court and in possible civil and
crminal

liability.

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

/l '1/ /s.
Signature
Michael H. Payne. ESQ.

3/0312008

Date Executed

Name and Title (215) 542-2777

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Case 1:08-cv-00094-JPW

Document 10

Filed 03/03/2008

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Telephone Number (215) 542-2779 Fax Number

'l I'ilt
Signatue of Attorney of

3/03/2008
Date Executed

Record

Michael H. Payne. ESQ.

Name and Title
(2 I 5) 542-2777

Telephone Number
(2 I 5) 542-2779

Fax Number

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