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

Case 1:05-cv-00186-FMA

Document 22

Filed 04/28/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) LAVETTA ELK,

05-186L Judge Francis M. Allegra

JOINT MOTION FOR ENTRY OF PRIVACY ACT PROTECTIVE ORDER Plaintiff and Defendant respectfully move the Court to enter the accompanying Privacy Act Protective Order, pursuant to 5 U.S.C. § 552a(b)(11). On April 28, 2006, Defendant exchanged its initial disclosures made pursuant to RCFC 26(a)(1) with Plaintiff. Additional documents in the official files of the United States Army and the Department of the Interior concerning the events alleged in Plaintiff's Complaint, including information which relates to or identifies individuals who are not parties to this suit, may be protected by the Privacy Act of 1974, 5 U.S.C. § 552a and their disclosure limited under the Freedom of Information Act, 5 U.S.C. § 552. The parties are interested in protecting such individuals referenced in the official files from unwarranted invasions of personal privacy. Entry of an order authorizing Defendant to disclose such documents is necessary in order to allow the parties to prepare their cases. Attached to the Joint Motion is a Proposed Order for Privacy Act Protective Order and an Acknowledgment of Privacy Act Protective Order form intended to be utilized by the individuals specified in ¶ 5 of the Privacy Act Protective Order who have a need for the information at issue, in order to perform their duties in this case. Counsel for Plaintiff authorized counsel for Defendant to file this Joint Motion on behalf 1

Case 1:05-cv-00186-FMA

Document 22

Filed 04/28/2006

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of the parties. Respectfully submitted,

SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment and Natural Resources Division United States Department of Justice

Dated: April 28, 2006

/s/ Sara E. Culley SARA E. CULLEY (K.S. Bar No. 20898) Trial Attorney United States Department of Justice Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0466 Facsimile: (202) 305-0267 E-mail: [email protected]

OF COUNSEL: Sharon Pudwill, Esq. Office of the Field Solicitor United States Department of the Interior Bishop Henry Whipple Federal Building 1 Federal Drive, Room 686 Ft. Snelling, Minnesota 55111-4030 Patrick Butler, CPT, JA. General Litigation Branch United States Army Litigation Division 901 N. Stuart Street Arlington, VA 22203

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