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

Case 1:06-cv-00932-ECH

Document 16

Filed 07/13/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) )

THE AK-CHIN INDIAN COMMUNITY, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant.

Case No. 06-932L Judge Emily C. Hewitt

PROPOSED PROTECTIVE ORDER SUBMITTED BY THE PARTIES PER THIS COURT'S JUNE 28 SCHEDULING ORDER

This Court's June 28 scheduling order directed counsel for the parties to submit the current draft of their proposed confidentiality order to the Court as of July 13, 2007. Counsel were further ordered to identify the parties' then remaining areas of disagreement and, with respect to any such issues, to submit each side's proposed language and a brief explanation of the support for their respective positions. The current draft of the protective order negotiated by counsel for the parties is attached hereto as Exhibit "A." In submitting this draft for the Court's review, counsel for Plaintiff is authorized to represent that the parties have reached agreement with respect to all provisions of the confidentiality order they propose to be entered in this case except as follows: (1) Paragraph 6 ­ which sets forth procedures to be followed in the event of the parties'

dispute concerning a particular "Confidentiality" designation. The proposed wording of paragraph 6 submitted by each side is set forth in the attached Exhibit "A" (at pages 4-5) under the bracketed, bold-face headings "Plaintiff's Proposed Language" and "Defendant's Proposed Language."
US2000 10165649.1

Case 1:06-cv-00932-ECH

Document 16

Filed 07/13/2007

Page 2 of 3

(2)

Paragraph 8 ­ which reflects Defendant's proposal for the protective order to require

that Produced Material designated as "Confidential" be returned to Defendant or destroyed upon the termination of this litigation. Plaintiff opposes the inclusion of any such requirement in the parties' confidentiality order. The proposed wording of paragraph 8 submitted by Defendant is set forth in the attached Exhibit "A" (at page 6) under the bracketed, bold-face heading "Defendant's Proposed Language." As additionally directed by the June 28 scheduling order, counsel for the parties also will be filing separate comments in support of their respective positions with respect to the remaining areas of disagreement identified above. This 13th day of July, 2007. Respectfully submitted,

/s/ Keith Harper KEITH HARPER D.C. Bar No. 451956 E-mail: [email protected] G. WILLIAM AUSTIN D.C. Bar No. 478417 E-mail: [email protected] Kilpatrick Stockton LLP 607 14th Street, N.W. Washington, D.C. 20005 Tel: (202) 508-5800 Fax: (202) 505-5858 Attorneys for Plaintiff Ak-Chin Indian Community

-2US2000 10165649.1

Case 1:06-cv-00932-ECH

Document 16

Filed 07/13/2007

Page 3 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) ) ) ) ) ) ) )

THE AK-CHIN INDIAN COMMUNITY, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant.

Case No. 06-932L Judge Emily C. Hewitt

CERTIFICATE OF SERVICE I hereby certify that I have served the foregoing Proposed Protective Order Submitted by the Parties Per This Court's June 28 Scheduling Order was served by delivering a copy thereof addressed to: Laura M.L. Maroldy, Esq. Trial Attorney United States Department of Justice Environmental and Natural Resources Division P.O. Box 663 Washington, D.C., 20044-0633 by United States Mail, with sufficient postage paid. This the 13th day of July, 2007. /s/ Keith Harper KEITH HARPER D.C. Bar No. 451956 E-mail: [email protected] G. WILLIAM AUSTIN D.C. Bar No. 478417 E-mail: [email protected] Kilpatrick Stockton LLP 607 14th Street, N.W. Washington, D.C. 20005 Tel: (202) 508-5800 Fax: (202) 505-5858 Attorneys for Plaintiff Ak-Chin Indian Community -3US2000 10165649.1