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

Case 1:04-cv-00636-LB

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Filed 03/07/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS METRICA, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 04-636C (Judge Block)

DEFENDANT'S UNOPPOSED MOTION FOR A PROTECTIVE ORDER AND MOTION FOR EXPEDITED CONSIDERATION Pursuant to Rule 26(c) of the Rules of the United States Court of Federal Claims, defendant respectfully requests this Court enter a Protective Order prohibiting the disclosure of secret, confidential, and other proprietary information in accordance with the terms and conditions set forth in the attached proposed Protective Order. Plaintiff's counsel has

reviewed the proposed protective order and does not oppose this motion. Plaintiff has served document requests upon the Government that require the Government to produce documents that contain procurement sensitive information. A protective order is

necessary to maintain the confidentiality of the information contained in these documents. Defendant requests expedited consideration of this motion because it cannot complete responding to plaintiff's document requests until the protective order is in place, and the fact discovery deadline in this case is March 31, 2005.

Case 1:04-cv-00636-LB

Document 9

Filed 03/07/2005

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The proposed protective order conforms to the standard protective order that appears as Form 8 in the Rules of the United States Court of Federal Claims (May 1, 2002), with one exception. The proposed protective order allows the party

producing protected material to produce the documents in electronic form on a compact disk, and mark the outside of the compact disk with a notice that it contains protected material, rather than marking each electronic document on the compact disk. This approach will facilitate prompt and efficient production of the documents at issue, because there are many electronic mail messages that are responsive to plaintiff's document requests and that may contain protected material. For the foregoing reasons, defendant respectfully requests that this Court issue the proposed Protective Order as soon as possible. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s Brian M. Simkin BRIAN M. SIMKIN Assistant Director

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/s Thomas D. Dinackus THOMAS D. DINACKUS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, DC 20530 Tele: (202) 307-6289 Fax: (202) 514-7969 Attorneys for Defendant OF COUNSEL: MAJ ANISSA N. PAREKH U.S. Army Legal Services Agency March 7, 2005

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Case 1:04-cv-00636-LB

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Filed 03/07/2005

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NOTICE OF FILING I hereby certify that on March 7, 2005, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR A PROTECTIVE ORDER AND MOTION FOR EXPEDITED CONSIDERATION" and attached draft "PROTECTIVE ORDER" with "ATTACHMENT A" and "ATTACHMENT B" 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. the Court's system. /s Thomas D. Dinackus Parties may access this filing through