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

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THE UNITED STATES COURT OF FEDERAL CLAIMS

SUNOCO, INC., and PUERTO RICO SUN OIL COMPANY, Plaintiffs, v. THE UNITED STATES, Defendant.

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No. 02-466C (Chief Judge Damich)

JOINT MOTION FOR ENTRY OF PROTECTIVE ORDER Pursuant to RCFC 26(c), Plaintiffs Sunoco, Inc. and Puerto Rico Sun Oil Company ("Sunoco") and Defendant the United States respectfully submit this joint motion for entry of the Protective Order attached hereto as Exhibit 1. RCFC 26(c) provides that, for good cause shown, a protective order may be entered to prevent disclosure of "a trade secret or other confidential research, development, or commercial information . . . ." The parties agree that the attached Protective Order is necessary to prevent disclosure of the parties' confidential or proprietary information that will be sought during in discovery. Information in this category includes government source selection information and information related to Sunoco's competitive decision making. The parties agree that they have an interest in preventing dissemination of these and other sensitive materials outside this litigation, and the proposed Order places certain restrictions on the use of documents designated by a party as "Confidential" that will ensure such protection. Although the attached Order provides adequate protection for what is likely to be the majority of documents produced in this litigation, Sunoco separately submits that it may be necessary at a later time to seek additional protection for some categories of highly sensitive information that may not be appropriate for general circulation within several government agencies. However, because it is not

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clear at this time what specific information Defendant may seek during discovery, and because it is not clear what agreements that parties may be able to reach concerning such information, the parties reserve the right to seek to modify the protective order in the future.

Respectfully submitted, /s J. Keith Burt J. Keith Burt Mayer, Brown, Rowe & Maw 1909 K Street, N.W. Washington, D.C. 20006 (202) 263-3208 (Phone) (202) 263-5308 (Fax) Attorneys for Sunoco, Inc. and Puerto Rico Sun Oil Company Of Counsel: Gary A. Winters Mayer, Brown, Rowe & Maw 1909 K Street, N.W. Washington, DC 20006 ROBERT D. MCCALLUM, JR. Assistant Attorney General DAVID M. COHEN Director

/s Steven J. Gillingham STEVEN J. GILLINGHAM Senior Trial Counsel KYLE CHADWICK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L St., N.W., 8th Floor Washington, D.C. 20530 (202) 616-2311 (Phone) (202) 353-7988 (Fax) Attorneys for the United States Of Counsel: BERNARD A. DUVAL Counsel HOWARD M. KAUFER Assistant Counsel Office of General Counsel Defense Energy Support Center Ft. Belvoir, VA 22060

June 19, 2003

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