Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:05-cv-00187-JFM

Document 18

Filed 08/08/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically filed August 8, 2005) IVAN G. RICE Plaintiff, v. THE UNITED STATES Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-187C Senior Judge James F. Merow

NONPARTY HONEYWELL'S MOTION FOR LEAVE TO FILE A REPLY TO PLAINTIFF RICE'S RESPONSE TO DEFENDANT'S MOTION FOR ENTRY OF A PROTECTIVE ORDER Honeywell International, Inc. ("Honeywell") appears specially1 to respectfully move this Court for leave to file a reply to Plaintiff Rice's Response to Defendant's Motion for Entry of a Protective Order. Honeywell's reply is attached hereto as Exhibit A. Although not a party to these proceedings, Honeywell believes that Mr. Rice or the Government will request technical documents from Honeywell that are highly sensitive in nature. Because of Mr. Rice's past activities in this field including preparation and filing of patent applications as well as his propensity for litigation, he should be precluded from seeing highly sensitive technical documentation that could, if disclosed, disadvantage Honeywell's competitive position. Honeywell believes its reply is required to provide this Court with appropriate context for understanding Honeywell's concerns with allowing Mr. Rice personal access to its highly sensitive technical information. Consequently, Honeywell respectfully requests that this Court grant its motion for leave to file a reply.

By this special appearance, Honeywell does not subject itself to the jurisdiction of the Court. See Uram v. United States, 216 Ct. Cl. 418, 420 (1978).

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Case 1:05-cv-00187-JFM

Document 18

Filed 08/08/2005

Page 2 of 2

Dated: August 8, 2005

Respectfully submitted,

Of Counsel: Lawrence J. Gotts Aslan Baghdadi David C. Isaacson PILLSBURY WINTHROP SHAW PITTMAN LLP 1650 Tysons Boulevard McLean, Virginia 22102 (703) 770-7900 (703) 770-7901 (facsimile)

s/ Daniel S. Herzfeld________ Daniel S. Herzfeld PILLSBURY WINTHROP SHAW PITTMAN LLP 1650 Tysons Boulevard McLean, Virginia 22102 (703) 770-7900 (703) 770-7901 (facsimile)

Attorney for Nonparty, Honeywell International, Inc.

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