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

Case 1:08-cv-00021-BAF

Document 10

Filed 01/17/2008

Page 1 of 7

FORM 9 APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL

Lniteb

'tatt (court ot jfeberat (tiaim
)

)

Savantage

Financial Services,, IlIc.

)
)

No. 1:08--cv--21

Plaintiff,
v.

)

) ) )
)

Judge Futey

THE UNITED STATES,
Defendant.

) )

APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL
1. I, Katherine S - Nucci , hereby apply for access to protected information covered by the Protective Order issued in connection with this proceeding. 2. a. I [outside counsel only] am an attorney with the law firm of Thompson Coburn LU'

and have been retained to representSavantage Financial
proceeding.
b. I
3.

Services, a

Inc.

party to this

[inside counsel] am in-house counsel (my title

is:

) for

____________________________ a party to this proceeding.

I amam not [] a member of the bar of the 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 legal counsel. I am not involved in competitive decision making as discussed in US. 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 ofbids, offers, or proposals with respect to which the use of protected information could provide a competitive advantage. 5. I [outside counsel only] identify here (by writing "none" or listing names and relevant circumstances) those attorneys in my firm who, to the 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, position, and responsibilities) any member of my immediate family who is an officer or holds a management position with an interested party in the proceeding or with any other firm that might gain a competitive advantage from access to the information

154

Case 1:08-cv-00021-BAF

Document 10

Filed 01/17/2008

Page 2 of 7

disclosed under the Protective Order.

None
I identify here (by writing "none" or identifying the name of the forum, case number, date, and 7. circumstances) instances in which I have been denied admission to a protective order, had admission revoked, or have been found to have violated a protective order issued by any administrative or judicial
tribunal:
8.

None 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 position(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 matters. d. my relationship to the nearest person involved in 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. I have read the Protective Order issued by the court in this proceeding. I will comply in all respects 9. with that order and will abide by its terms and conditions in handling any protected information produced in connection with the proceeding. 10. 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 court and in possible civil and criminal liability.

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

(including attached statements) are true and correct.

Signature

Date Executed
S. Nucci, Partner

Katherine

Typed Name and Title

(202) 585--6931
Telephone Number

(202) 585--6969
Fax Number

Signature of Attorney of Record

Date Executed

Timothy Sullivan, Partner
Typed Name and Title

(202) 585--6930
Telephone Number

(202) 585--6969
Fax Number

155

Case 1:08-cv-00021-BAF

Document 10

Filed 01/17/2008

Page 3 of 7

FORM 9 APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL

J.Itnitcb

'tatt court of jftbera Ctaim
)

)

Savantage Financial Services.,Inc.
Plaintiff,

)

)

No.1:08--cv--21
Judge Viil-ey

) )
) ) ) )

v.

THE UNITED STATES,
Defendant.

)

APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL
1. , hereby apply for access to protected information covered by I, Timothy Sullivan the Protective Order issued in connection with this proceeding. 2. a. I [outside counsel only] am an attorney with the law firm of Thompson Coburn LLP and have been retained to represent Savantage Financial Services ,a party to this Inc. proceeding. for b. I [inside counsel] am in-house counsel (my title is: a party to this proceeding. _______________________________ 3. I am ] am not [] a member of the bar of the 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 legal 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 ofbids, offers, or proposals with respect to which the use ofprotected information could provide a competitive advantage. 5. I [outside counsel only] identify here (by writing "none" or listing names and relevant circumstances) those attorneys in my firm who, to the best of my knowledge, cannot make the representations set forth in None the preceding paragraph: I identify here (by writing "none" or listing names, position, and responsibilities) any member of 6. my immediate family who is an officer or holds a management position with an interested party in the proceeding or with any other firm that might gain a competitive advantage from access to the information

)

154

Case 1:08-cv-00021-BAF

Document 10

Filed 01/17/2008

Page 4 of 7

disclosed under the Protective Order.

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

tribunal:

None 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 position(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 matters. d. my relationship to the nearest person involved in 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. I have read the Protective Order issued by the court in this proceeding. I will comply in all respects 9. with that order and will abide by its terms and conditions in handling any protected information produced in connection with the proceeding. 10. 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 court and in possible civil and criminal liability.
8.

By my signature, I certify that, to the best of my knowledge, the representations set forth above
(including attached statements) are true and correct.

--_7 J-L_--Signature
(1

/7/
Die Executed

2. O O

Timothy Sullivan, Partner
Typed Name and Title

(202) 585--6930
Telephone Number

(202) 585--6969
Fax Number

_________
Typed Name and Title

/7, 2 dO
D te Executed

Signature o Attorney of Record

Timothy Sullivan, Partner
(202) 585--6930
Telephone Number

(202) 585--6969
Fax Number

155

Case 1:08-cv-00021-BAF

Document 10

Filed 01/17/2008

Page 5 of 7

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
Bid Protest
)

SAVANTAGE FINANCIAL SERVICES, INC.,)
)

Plaintiff,
v.

)

)
) ) ) ) )

No. 08-21

(Judge Futey)

THE IINifED STATES,
Defendant.

APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE COUNSEL
1.

1, Jon W. van Home, hereby apply for access to protected information covered by

the Protective Order issued in connection with this proceeding.
2.

1 am an attorney with the law firm of the Law Office of Jon W. van Home, Esq.,

and have been retained to represent Savantage Financial Systems, Inc., a party to this
proceeding.

3. 1 am a member of the bar of the United States Court of Federal Claims (the court). 4. My professional relationship with the party 1 represent in this proceeding and its personnel is strictly one of legal counsel. 1 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 1 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. 1 do not provide advice or participate in any decisions of such parties in matters involving similar or corresponding information

1

Case 1:08-cv-00021-BAF

Document 10

Filed 01/17/2008

Page 6 of 7

about a competitor. This means that 1 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.
1

identify here (by writing "none" or listing names and relevant circumstances) those

attorneys in my firm who, to the best of my knowledge, cannot make the representations

set forth in the preceding paragraph: NONE
6. 1 identify here (by writing "none" or listing names, position, and responsibilities) any member of my immediate family who is an officer or holds a management position with an interested party 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. 1 identify here (by writing "none" or identifying the name of the forum, case number, date, and circumstances) instances in which 1 have been denied admission to a protective order, had admission revoked, or have been found to have violated a protective order

issued by any administrative or judicial tribunal: NONE
8. N/A

9. 1 have read the Protective Order issued by the court in this proceeding. 1 will comply in all respects with that order and will abide by its terms and conditions in handling any protected information produced in connection with the proceeding.

2

Case 1:08-cv-00021-BAF

Document 10

Filed 01/17/2008

Page 7 of 7

10. 1 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 court and in possible
civil and criminal liability.

By my signature, 1 certify that, to the best of my knowledge, the representations set forth
above are true and correct.

Jon W. van Home Law Office of Jon van Home, Esq. 18222 Flower Hill Way, #112 Gaithersburg, MD 20879 Tel.: (202) 478-2921 Fax: (202) 478-2921

Date: January 17, 2008

Timothy Sull van 1909 K Street, N.W., 6th Floor 18222 Flower Hill Way, #112 (202) 585-6930 (tel.) (202) 508-1028 (fax)

Attorney of Record for Plaintiff Savantage Financial Services, Inc.

Date:

i--.

(7, 2CQk

n 3