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

Case 1:07-cv-00280-LJB

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Filed 05/30/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS IRONCLAD/EEI, A JOINT VENTURE, Plaintiff, V. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) )

CIVIL ACTION NO. 07-280C

APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE COUNSEL 1. I, J. Hatcher Graham, hereby apply for access to protected information covered by the

Protective Order issued in connection with this proceeding. 2. I, J. Hatcher Graham, am an attorney with the law firm of J. Hatcher Graham, P.C.

and have been retained to represent Campbell Roofing and Construction, Inc. and MGC/Campbell Roofing and Construction, Inc., intervenors in this proceeding. 3. 4. I am a member of the bar of the United States Court of Federal Claims. My professional relationship with the parties 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 parties I represent, and 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 of bids, offers or proposals with respect to which the use of

Case 1:07-cv-00280-LJB

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protected information could provide a competitive advantage. 5. As I am the only attorney in my firm, all attorneys in my firm can make the same

representation. 6. No member of my immediate family 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. 7. I have never been denied admission to a Protective Order nor had admission revoked. I

did voluntarily admit to an inadvertent disclosure of protected information in a GAO protest, however, no sanctions were imposed and I remained on the Protective Order. See attached GAO letter for details. 8. 9. N/A I have read the Protective Order issued by the Court in this proceeding. I 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. 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.

________/s/__________ Signature

May, 5, 2007 Date Executed

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J. Hatcher Graham, Attorney For Intervenors: Campbell and MGC/Campbell Typed Name and Title 1-478-953-5606 Telephone Number 1-478-953-0272 Fax Number

CERTIFICATE OF SERVICE

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This is to certify that on this date I have served a copy of Intervenor's APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE COUNSEL upon all counsel of record by sending same via Federal Express to:

Kevin M. Cox, Esq. Camardo Law Firm, P.C. 127 Genesee Street Auburn, NY 13201 Carrie A. Dunsmore, Esq. Trial Attorney Commercial Litigation Branch Civil Division Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 This the 30th day of May, 2007.

_______/s/_____________ J. HATCHER GRAHAM Attorney For Plaintiff P.O. Box 7626 Warner Robins, GA 31095 (478) 953-5606 -