Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:07-cv-00322-JPW

Document 40

Filed 10/24/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS INPUT/OUTPUT TECHNOLOGY, INC.,) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 07-322C (Senior Judge Wiese)

DEFENDANT'S UNOPPOSED MOTION FOR RELIEF FROM PROTECTIVE ORDER, AND MOTION FOR EXPEDITED CONSIDERATION Pursuant to paragraph 11 of the protective order entered by the Court on May 31, 2007, the United States respectfully requests an order permitting the United States to disclose protected information (as defined in the protective order) in a bid protest before the General Accountability Office (GAO), filed by Input/Output Technology, Inc. (Input) on October 5, 2007, challenging request for quotation SPM7M8-07-R-0065, dated September 6, 2007 (solicitation). Furthermore, the United States

respectfully seeks expedited consideration because the agency's response to the protest is due to be filed soon. Counsel for

Input has authorized us to state that Input does not oppose this motion. Our motion is supported by the interests of justice and judicial economy. First, no harm will flow from disclosure to

the GAO because a protective order is already in place at the GAO. A1-8 (copy of GAO protective order). Second, the issue

raised by the protest (whether Frequency Selective Networks was properly listed as an approved supplier) is identical or

Case 1:07-cv-00322-JPW

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Filed 10/24/2007

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virtually identical to the issue raised in this case; thus, the declarations and other papers developed for this case are likely to be relevant and useful for the GAO proceedings.1 For these reasons, we respectfully request that the Court enter an order permitting protected information from this proceeding to be disclosed in the GAO protest, upon the condition that the protected information will be subject to the GAO protective order. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director S/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director S/ James W. Poirier JAMES W. POIRIER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W Washington, D.C. 20530 Tele: 202-616-0856 Fax: 202-514-7969 October 24, 2007 Attorneys for Defendant

1

Most of the declarations contain no protected information.

However, an order permitting disclosure at the GAO, subject to the GAO protective order, will remove any shadow of doubt. -2-

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CERTIFICATE OF FILING I hereby certify that on October 24, 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR RELIEF FROM PROTECTIVE ORDER, AND MOTION FOR EXPEDITED CONSIDERATION" 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. the Court's system. S/ James W. Poirier Parties may access this filing through