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

Case 1:06-cv-00425-NBF

Document 17

Filed 06/08/2006

Page 1 of 3

APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL

~nit~b ~tatc~ (ftourt ol jfcbtrat qt:iaim~
) ) ) )
) ) ) ) ) )

Interspiro,

Inc.

Plaintiff,
v.

No.

06-425

Judge__________________

N.

Firestone

THE UNITED STATES,

Defendant.

APPLICATION FOR ACCESS TO INFORMATION UNDER
PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL
I.
Kyle
R.

I,
a.

Jet coat
,

the Protective Order issued in connection with this
2. I

hereby apply for access proceeding.

to

protected information covered by
Latham &
a

outside counsel only] inside counsel]

am an

attorney with the law firm of

Watkins

LLP

and have been retained to represent b. I
am

____________________________________,

party

to this

proceeding.
~ for

in-house counsel
a

(my title is:

proceeding. party } am not XJ 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 Staes, 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 ofsuch 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 ofbids, offers, or proposals with respect to which the use ofprotectcd information could provide a competitive advantage. 5. 1 outside counsel only] identif~ 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: 6. 1 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
to
___________________________

this

3. I

am

under the Protective Order.
None.

140

Case 1:06-cv-00425-NBF

Document 17

Filed 06/08/2006

Page 2 of 3

identify here (by writing none circumstances) instances in which I have
7. 1

or

identifying
a

the

name

of the forum,
a

been denied admission to

number, date, and order, had admission protective
case

revoked,
tribunal:

or

have been found to have violated

protective order

issued

by

any administrative

or

judicial

None.

inside counsel] have attached a detailed narrative providing the following information: a. my position and responsibilities as in-house counsel, including my role in providing advice in procurement-related matters; b. the person(s) to whom I report and their position(s) 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 procurement-related matters. d. my relationship to the nearest person involved in competitive decision making (both in terms of physical proximity and corporate structure); and e. measures taken to isolate me from competitive decision making and to protect against the inadvertent disclosure ofprotected 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. 10.1 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.
8. 1
*

**

By

(including

my signature, I certify that, to the best of my attached statements) are true and correct.

knowledge,

the

representations

set

forth above

~
Signature
Kyle
R.

J34Z~Z.~T
Associate

06/07/2006
Date Executed

.Jefcoat,

Typed Name
Telephone
(202)

and Title

(202)637-2152

Number

637-2201

Fax Number

06/07/2 0 06
______________________________

Signature
David

of Att
R.

fR

ord

Date Executed

Hazelton,

Partner

Typed

Name and Title
637-2254

(202)

Telephone
(202)

Number

637-2201

Fax Number

14)

Case 1:06-cv-00425-NBF

Document 17

Filed 06/08/2006

Page 3 of 3

CERTIFICATE OF SERVICE

I

hereby certify under penalty

of perjury that

on

this 8th

day of June, 2006, by

a

copy of the

foregoing Application
Counsel for

for Access to Information Under the Protective Order filed

Outside

or

Inside

Kyle

R. Jefcoat

was

electronically.

I understand that notice of this

filing will

be available to the

parties through

the Courts

electronic

filing system.

As

a

courtesy, I caused

service

by

facsimile and United States mail

(first class, postage pre-paid)

to:

Doris S. Fi

un erm an

U.S.

Department of Justice Civil Divisio:n, Commercial Litigation Branch 1100 L Street, N.W.
D.C. 20530

8th Floor Washington,
Thomas P.

Humphrey Moring LLP 1001 Pennsylvania Ave., Washington, D.C. 20004
Crowell &

N.W.

Daniel P. Graham

Wiley,

Rein &

Fielding

1776 K

Street, N.W.
D.C. 20006

Washington,

Respectfully Submitted,
s/Joshua K. Chandler Joshua K. Chandler
LATHAM & WATKINS LLP 555 11th

St., N.W., Suite 1000
D.C. 20004

Washington,
Direct Dial:
Fax:

(202)

637-2306

(202) 637-2201 [email protected]