Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:05-cv-00396-MCW

Document 19

Filed 10/18/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS THOMAS L. REMPFER and RUSSELL E. DINGLE, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

No. 05-396C (Judge Mary Ellen Coster Williams)

DEFENDANT'S MOTION SEEKING REDACTION OF CERTAIN PERSONAL IDENTIFYING INFORMATION CONTAINED IN DOCUMENTS THAT WERE PREVIOUSLY FILED WITH THE COURT, AND SUBSTITUTION OF A REDACTED VERSION OF THE PREVIOUSLY FILED APPENDIX The United States, pursuant to the request of Mr. Rempfer's counsel, files this motion seeking redaction of certain personnel information that was contained in the appendix accompanying defendant's opposition to plaintiffs' motion to transfer their complaint, and reply to plaintiffs' response to the Government's motion to dismiss, that was filed with the Court on October 14, 2005. Specifically, the Air Force Board For Correction Of Military Records' ("AFBCMR" or "board") certifying page and page 1 of the AFBCMR's opinion contain Mr. Rempfer's social security number. The Government respectfully requests that the attached redacted version of the board's opinion be substituted for the previously filed board decision, and that the public record containing Mr. Rempfer's social security number be deleted from the Public Access to Court Electronic Records (PACER) system. The Government has consulted with Mr. Rempfer's counsel regarding this motion, and

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Case 1:05-cv-00396-MCW

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he has no objection to the redaction of this personal identifying information that is contained in these appendix pages or the substituted version of the board's decision. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/James M. Kinsella JAMES M. KINSELLA Deputy Director

Of Counsel: LT COL P. CHRISTOPHER CLARK Air Force Legal Services Agency General Litigation Division 1501 Wilson Blvd., 7th Floor Arlington, VA 22209-2403

s/Douglas K. Mickle DOUGLAS K. MICKLE Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0383 Facsimile: (202) 353-7988 Attorneys for Defendant

October 18, 2005

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Case 1:05-cv-00396-MCW

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on October 18, 2005, a copy of the foregoing "DEFENDANT'S MOTION SEEKING REDACTION OF CERTAIN PERSONAL IDENTIFYING INFORMATION CONTAINED IN DOCUMENTS THAT WERE PREVIOUSLY FILED WITH THE COURT, AND SUBSTITUTION OF A REDACTED VERSION OF THE PREVIOUSLY FILED APPENDIX" with its corrected appendix was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.