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

Case 1:05-cv-00114-EJD

Document 17-2

Filed 12/22/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS A.A.B JOINT VENTURE, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

Nos. 04-1719C, 04-1792C, 05-114C (Chief Judge Damich)

ORDER GOVERNING INADVERTENT DISCLOSURE OF DOCUMENTS DURING DISCOVERY It is hereby AGREED BETWEEN THE PARTIES AND THEIR COUNSEL AND ORDERED BY THE COURT: Because of the large volume of documents that the parties may produce during discovery in these cases, the parties may inadvertently or mistakenly produce documents that could have been withheld in whole or in part upon the basis of privilege or some other protection. Therefore, mere production of all or part of a document shall not constitute a waiver of any evidentiary privilege in this or any other proceeding, provided that, upon discovery of the inadvertence or mistake, and no later than 30 days after receipt of the document in question by the other party's counsel of record, the party claiming inadvertence or mistake notifies the other party's counsel of record, in writing, of the mistake. Upon receipt of notification, counsel shall return or destroy the inadvertently or mistakenly produced document, shall destroy any reproduction, by any means, of the document, any portion of the document, or any information contained in the document, and shall not make any use of the document or any information contained in the document.

Case 1:05-cv-00114-EJD

Document 17-2

Filed 12/22/2005

Page 2 of 2

ORDERED:

_______________________________ Edward J. Damich, Chief Judge United States Court of Federal Claims

AGREED:

Bell, Boyd & Lloyd PLLC s/ Brian Cohen _________________________ Brian Cohen, Esq. Bell, Boyd & Lloyd PLLC 1615 L Street, N.W. Suite 1200 Washington, DC (202) 955-6823 (phone) (202) 835-4130 (fax) Attorney for Plaintiff Dated: December 22, 2005

PETER D. KEISLER Assistant Attorney General s/ David M. Cohen _________________________ DAVID M. COHEN Director s/ Shalom Brilliant ________________________ SHALOM BRILLIANT Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit Room 8012 Washington, D.C. 20530 Telephone: (202) 305-7561 Facsimile: (202) 305-7643 Attorneys for Defendant Dated: December 22, 2005

Filed Electronically With the consent of the Attorney for Plaintiff

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