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

Case 1:07-cv-00055-TCW

Document 15

Filed 02/06/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CHE CONSULTING, INC., Plaintiff vs. THE UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) )

Case No. 07-55C Judge Wheeler

APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL
1. I, Steven E. Kellogg, hereby apply for access to protected information covered by

the Protective Order issued in connection with this proceeding. 2. I am an attorney with the law firm of The Kellogg Law Firm and have been

retained to represent CHE Consulting, Inc., the plaintiff to this proceeding. 3. court). 4. My professional relationship with the party I represent in this proceeding and its I am a member of the bar of the United States Court of Federal Claims (the

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 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

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Case 1:07-cv-00055-TCW

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Filed 02/06/2007

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a competitive advantage. 5. I 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, had admission revoked, or have been found to have violated a protective order issued by any administrative or judicial tribunal: None. 8. 9. Not applicable. 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. ***

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Case 1:07-cv-00055-TCW

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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/ Steven E. Kellogg Steven E. Kellogg, Attorney (618) 234-1900, Telephone (618) 234-5594, Facsimile

February 6, 2007 Date Executed

/s/ Steven E. Kellogg Steven E. Kellogg, Attorney of Record (618) 234-1900, Telephone (618) 234-5594, Facsimile

February 6, 2007 Date Executed

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