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

Case 1:05-cv-00748-CCM

Document 13

Filed 06/26/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

STOBIE CREEK INVESTMENTS, LLC, JFW ENTERPRISES, INC., Tax Matters and Notice Partner, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

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No. 05-748 T (Judge Block)

AGREED MOTION FOR ENTRY OF A PROTECTIVE ORDER GOVERNING DOCUMENTS TO BE PRODUCED BY ROBERT FLOYD, CPA Plaintiff Stobie Creek Investments, LLC, defendant the United States and Robert Floyd, CPA ("Floyd") jointly move, pursuant to RCFC 26(c), for entry of a protective order governing the use and disclosure of certain documents to be produced by Floyd. On April 3, 2006, the United States served a subpoena on Floyd requesting the production of documents. Floyd is prepared to produce the requested documents but has requested that certain restrictions be placed on the pretrial disclosure and use of documents that contain confidential tax, personal and financial information of individuals and entities whose transactions are not directly at issue in this case. The parties and Floyd have agreed to the draft Protective Order attached to this motion as Exhibit A. The draft order provides that certain documents may be designated as "Protected Documents" by Floyd, and sets forth the restrictions applicable to the pretrial use of such documents. The draft order also provides that either party may object to the

Case 1:05-cv-00748-CCM

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Filed 06/26/2006

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designation of particular documents as protected and seek to modify the order. The draft order does not govern the use of "Protected Documents" at trial. (See ¶ 18). The parties and Floyd do not request a hearing on this motion but are available at the Court's convenience if it wishes to hold a hearing.

Respectfully submitted,

United States of America

Stobie Creek Investments LLC and JFW Enterprises, Inc.

/s/ Stuart D. Gibson Stuart D. Gibson Attorney of Record U.S. Department of Justice Tax Division Office of Civil Litigation Post Office Box 403 Ben Franklin Station Washington D.C. 20044 (202) 307-6586 Eileen J. O'Connor Assistant Attorney General David Gustafson Acting Chief, Court of Federal Claims Section Steven I. Frahm Assistant Chief, Court of Federal Claims Section Cory A. Johnson Trial Attorney, Court of Federal Claims Section /s/ Cory A. Johnson Of Counsel

/s/ Robert E. Kolek Robert E. Kolek Attorney of Record Ronald S. Safer Of Counsel Thomas R. Wechter Of Counsel Theresa M.H. Marx Of Counsel. Schiff Hardin LLP 6600 Sears Tower Chicago, Illinois 60606 (312) 258-5500

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Case 1:05-cv-00748-CCM

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Filed 06/26/2006

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Robert Floyd, CPA

/s/ Robert E. Kolek Robert E. Kolek Thomas R. Wechter Schiff Hardin LLP 6600 Sears Tower Chicago, Illinois 60606 312-258-5500

Dated: June 26, 2006

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