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

Case 1:07-cv-00280-LJB

Document 21

Filed 05/29/2007

Page 1 of 4

UNITED STATES COURT OF FEDERAL CLAIMS _____________________________________ IRONCLAD-EEI, A Joint Venture, Plaintiff, v. UNITED STATES, Defendant, and CAMPBELL ROOFING & CONSTRUCTION, INC., MGC/CAMPBELL ROOFING & CONSTRUCTION, INC., Intervenor-defendants. ______________________________________ APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL 1. I, NANCY M. CAMARDO, hereby apply for access to protected information covered by the Protective Order issued in conjunction with this proceeding. 2. a. I am an attorney with the Camardo Law Firm, P.C. and have been retained to represent plaintiff, Ironclad-EEI, a party to this proceeding. b. I [inside counsel] am in house counsel (my ____________________) for ____________________ a party to this proceeding. title is: Case No. 07-280C (Judge Bush)

3. I am [ ] am not [X] 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

1

Case 1:07-cv-00280-LJB

Document 21

Filed 05/29/2007

Page 2 of 4

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 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 disclosed under the Protective Order: NONE. 7. I identify 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, has admission revoked or been found to have violated a protective order issued by any administrative or judicial tribunal: NONE. 8. I [inside counsel] have attached a detailed narrative providing the following information: NOT APPLICABLE. a. my position and responsibilities as in-house counsel, including my role providing advice in procurement-related matters; b. the person(s) to whom I report and their positions 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 procurementrelated matters; d. my relationship to the nearest person involved in competitive decision making (both in terms of physical proximity and corporate structure); 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. 9. 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.

2

Case 1:07-cv-00280-LJB

Document 21

Filed 05/29/2007

Page 3 of 4

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 if my knowledge, the representations set forth above (including attached statements) are true and correct.

/s/Nancy M. Camardo Signature

May 29, 2007 Date Executed

Nancy M. Camardo, Attorney for Ironclad-EEI Typed Name and Title

(315) 252-3846 Telephone Number

(315) 252-3508 Fax Number

/s/Kevin M. Cox Signature of Attorney of Record

May 29, 2007 Date Executed

Kevin M. Cox, Attorney for Ironclad-EEI Typed Name and Title

(315) 252-3846 Telephone Number

(315) 252-3508 Fax Number

3

Case 1:07-cv-00280-LJB

Document 21

Filed 05/29/2007

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 29th day of May 2007, a copy of the foregoing Application for Access to Information Under Protective Order by Outside or Inside Counsel was filed electronically. In 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/ Kevin M. Cox Kevin M. Cox

4