Free Protective Order - District Court of Federal Claims - federal

Case 1:05-cv-01186-SGB

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(ATTACHMENT A) IN THE UNITED STATES COURT OF FEDERAL CLAIMS

COMPREHENSIVE HEALTH SERVICES, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant, )

No. 05-1186C (Judge Braden)

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

covered by the protective order issued in connection with this proceeding. 2. a. I [outside counsel only] am an attorney with the law firm of

_________________________ and have been retained to represent __________________________, a party to this proceeding. b. I [inside counsel only] am in-house counsel (my title is:

____________________) for _______________________, a party to this proceeding. 3. (the "Court"). 4. My professional relationship with the party I represent in this proceeding and its I am [ ] am not [ ] a member of the bar of the United States Court of Federal Claims

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

Case 1:05-cv-01186-SGB

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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 a competitive advantage. 5. I [outside counsel only] 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: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 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: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 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 been found to have violated a protective order issued by any administrative or judicial tribunal: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 8. I [inside counsel only] have attached a detailed narrative providing the following information:

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a.

my position and responsibilities as in-house counsel, including my role in

providing advice in procurement-related matters; b. c. the person(s) to whom I report and their position(s) and responsibilities; 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 of protected 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. 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. By my signature, I certify that, to the best of my knowledge, the representations set forth above (including any attached statements) are true and correct.

______________________________ Signature ______________________________ Typed Name and Title ______________________________ Telephone Number ______________________________ Fax Number

__________________________ Date Executed