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

Case 1:04-cv-00636-LB

Document 8

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 DISCOVERY 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 discovery order that governs inadvertent disclosure of privileged documents. Plaintiff's counsel has reviewed the

proposed discovery order and does not oppose this motion. Plaintiff has served document requests upon the Government that require the Government to produce large quantities of documents that may be privileged. It is not feasible to review

all of these documents for privilege prior to their production. The attached discovery order will protect the privileged status of any privileged document that is inadvertently produced. Defendant requests expedited consideration of this motion because it cannot complete responding to plaintiff's document requests until the discovery order is in place, and the fact discovery deadline in this case is March 31, 2005. For the foregoing reasons, defendant respectfully requests that this Court issue the proposed discovery order as soon as possible.

Case 1:04-cv-00636-LB

Document 8

Filed 03/07/2005

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director /s Brian M. Simkin BRIAN M. SIMKIN Assistant Director /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

Document 8

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 DISCOVERY ORDER AND MOTION FOR EXPEDITED CONSIDERATION" and attached draft "DISCOVERY ORDER" 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. through the Court's system. /s Thomas D. Dinackus Parties may access this filing