Free Notice (Other) - District Court of Federal Claims - federal

Case 1:06-cv-00934-FMA

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Filed 09/28/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS KAW NATION OF OKLAHOMA, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) ) Defendant. ) ____________________________________)

No. 06-cv-00934 L Judge Francis M. Allegra

DEFENDANT'S NOTICE OF FILING IT'S PROPOSED CHANGES TO PLAINTIFF'S PROPOSED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER On September 11, 2007, the Court conducted the preliminary scheduling conference pursuant to Rule 16(b) of the Rules of the United States Court of Federal Claims. During the conference the Court instructed the parties to propose a joint confidentiality agreement and protective order. The parties were to submit separate proposals if they could not agree. Plaintiff has expressed its intent to propose the same order that the Court entered in Navajo Nation v. United States, No. 06-cv-00945 L. Defendant's Exhibit (Def. Exh.) 1. Defendant submits herewith its changes to the proposed confidentiality agreement and protective order. Defendant's changes are set forth in "redlined" and "clean" versions of the proposed order, for the Court's ease and convenience of reference. Def. Exhs. 2 and 3. The most significant change proposed by Defendant excises provisions proposed by Plaintiff that would govern discovery-related events. See, Def. Exh. 1 at ¶¶ 3, 4, 5, 7, 9, 17, and 18. Those matters belong in separate discovery-related orders or agreements otherwise reached between the parties, not in a confidentiality agreement and protective order.

Case 1:06-cv-00934-FMA

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Filed 09/28/2007

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Dated: September 28, 2007

Respectfully submitted, RONALD J. TENPAS Acting Assistant Attorney General

s/ Terry M. Petrie TERRY M. PETRIE Environment and Natural Resources Division U.S. Department of Justice 1961 Stout Street, 8th Floor Denver, CO 80294 Tel: (303) 844-1369 Fax: (303) 844-1350 [email protected] Attorney of Record for Defendant OF COUNSEL: ANTHONY P. HOANG United States Department of Justice Environment and Natural Resources Division P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0241 Fax: (202) 353-2021 [email protected] SHANI WALKER Office of the Solicitor United States Department of the Interior Washington, D.C. 20240 TERESA E. DAWSON Office of the Chief Counsel Financial Management Service United States Department of the Treasury Washington, D.C. 20227

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Case 1:06-cv-00934-FMA

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Filed 09/28/2007

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CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing DEFENDANT'S NOTICE OF FILING IT'S PROPOSED CHANGES TO PLAINTIFF'S PROPOSED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER was served on September 28, 2007, by Electronic Case Filing, on the following counsel:

Kennis Monte Bellmard, II Andrews Davis, P.C. 100 North Broadway Suite 3300 Oklahoma City, OK 73012 Counsel for Plaintiff

s/ Terry M. Petrie TERRY M. PETRIE