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

Case 1:07-cv-00712-MMS

Document 9

Filed 10/04/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS PRECISION IMAGES, LLC, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-712C (Judge Sweeney)

DEFENDANT'S UNOPPOSED MOTION FOR A PROTECTIVE ORDER AND AUTHORIZATION TO FILE SEALED DOCUMENTS ELECTRONICALLY 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 the same as the sample found as Form 8 of the Rules of the United States Court of Federal Claims. Plaintiff's counsel has represented that plaintiff, Precision Images, LLC, consents to this motion. This case involves competitive procurement matters and includes proprietary and confidential pricing information, source selection information, and other sensitive procurement information. Thus, because defendant's administrative record contains protected materials necessary to safeguard the competitive process, we request that all filings that disclose protected materials be under seal in this case. We also respectfully request that, for the convenience of the Court and the parties, the Court authorize the parties to file sealed filings electronically on the Court's ECF System, pursuant to General Order No. 42A, paragraph 7.

Case 1:07-cv-00712-MMS

Document 9

Filed 10/04/2007

Page 2 of 3

For the foregoing reasons, defendant respectfully requests that this Court issue the attached proposed protective order and authorize the parties to file sealed filings electronically on the Court's ECF system. Respectfully submitted,

PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

/s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

/s/ Joseph E. Ashman JOSEPH E. ASHMAN 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) 353-7578 Fax: (202) 307-0972

October 4, 2007

Attorneys for Defendant

2

Case 1:07-cv-00712-MMS

Document 9

Filed 10/04/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on October 4, 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR A PROTECTIVE ORDER AND AUTHORIZATION TO FILE SEALED DOCUMENTS ELECTRONICALLY" 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/ Joseph E. Ashman