Free Order Striking Document - District Court of Federal Claims - federal

Case 1:07-cv-00280-LJB

Document 19

Filed 05/29/2007

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In the United States Court of Federal Claims
No. 07-280 C (May 29, 2007) ********************* IRONCLAD/EEI, A Joint Venture, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant, * * CAMPBELL ROOFING & * CONSTRUCTION, INC., * * MGC/CAMPBELL ROOFING & * CONSTRUCTION, INC., * * Intervenor-defendants. * ********************* ORDER On May 21, 2007, the court issued a Protective Order in the subject matter within which sets out the necessary procedures a person must take in order to be granted access to protected information. The orders, in pertinent part, states: (b) To be granted access to protected information, any such person shall first read this Protective Order and, if an attorney, execute a copy of the Application for Access to Information Under Protective Order by Inside or Outside Counsel (Form 9) or, if a consultant or expert, execute a copy of the Application for Access to Information

Case 1:07-cv-00280-LJB

Document 19

Filed 05/29/2007

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Under Protective Order by a Consultant or Expert (Form 10). The party seeking to have such person granted access shall then provide a copy of the executed Application to each other party. Such person shall, without further action by the court, be permitted access to protected information at the close of the second business day after the other parties have received the Application, unless, in the interim, any party informs the requesting party of an objection. If the parties are unable to reach agreement regarding an objection, the party seeking access may present the matter to the court. Such person shall not be given access unless and until the court authorizes such access. Court's Order of May 22, 2007, ¶ 2(b). (emphasis added). On May 22, 2007, Intervenor-defendant MGC/Campbell Roofing & Construction, Inc., electronically filed an Application for Access to Information Under Protective Order by Outside Counsel. As the above-stated protective order stated the parties shall provide executed copies of the subject application "to each other party. . . . without further action by the court." See id. Accordingly this document should not have been submitted to the court, only to the applicable parties in this matter. On May 24, 2007, the Clerk's office received from Plaintiff Ironclad/EEI an Application for Access to Information Under Protective Order By Outside or Inside Counsel in paper format. The Clerk's office stated the submission was defective because this case has been designated as an Electronic Filing Case (EFC). Additionally, the court notes that there is no provision in the rules of the court for the filing of this item. The matter was referred to the undersigned for a ruling. Accordingly, it is hereby that the Clerk's office is DIRECTED to STRIKE MGC/Campbell Roofing & Construction, Inc.'s, Application for Access, electronically filed May 22, 2007, from the docket; and RETURN Ironclad/EEI's Application for Access, UNFILED to plaintiff for the above stated reason.

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Case 1:07-cv-00280-LJB

Document 19

Filed 05/29/2007

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s/ Lynn J. Bush LYNN J. BUSH Judge

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