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

Case 1:04-cv-00636-LB

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

No. 04-636C (Judge Block)

APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY EXPERT CONSULTANT OR WITNESS 1. I, the undersigned, am a________________________with

_____________________________ and hereby apply for access to protected information covered by the protective order issued in connection with this proceeding. 2. I have been retained by ____________________________

and will, under the direction and control of _________________ _______________, assist in the representation of ____________

_________________ in this proceeding. 3. I hereby certify that I am not involved in competitive

decision making as discussed in U.S. Steel Corp. v. United States, 730 F.2d 1465 (Fed. Cir. 1984), for or on behalf of any party to this proceeding or any other firm that might gain a competitive advantage from access to the information disclosed under the protective order. Neither I nor my employer provides

advice or participates in any decisions of such parties in matters involving similar or corresponding information about a competitor. This means, for example, that neither I nor my

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employer provides advice concerning, or participates in decisions about, marketing or advertising strategies, product research and development, product design or competitive structuring and composition of bids, offers, or proposals with respect to which the use of protective materials could provide a competitive advance. 4. My professional relationship with the party for whom I

am retained in this proceeding and its personnel is strictly as a consultant on issues relevant to the proceeding. Neither I, my

spouse, nor any member of my immediate family holds office or a management position in any company that is a party in this proceeding or in any competitor or potential competitor of a party. 5. I have attached the following information: a. b. a current resume describing my education and employment experience to date; a list of all clients for whom I have performed work within the two years prior to the date of this application and a brief description of the work performed; a list of all clients for whom I have performed work within the two years prior to the date of this application and for whom the use of protected material could provide a competitive advantage and a brief description of the work performed; a statement of the services I am expected to perform in connection with this proceeding; a description of the financial interests that I, my spouse, and/or my family has in an entity that is an interested party in this proceeding or whose -2-

c.

d. e.

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protected information will be reviewed; if none, I have so stated; f. a list identifying by name of forum, case number, date and circumstances all instances in which I have been granted admission or been denied admission to a protective order, had a protective order admission revoked or been found to have violated a protective order issued by an administrative or judicial tribunal; if none, I have so stated; and a list of the professional associations to which I belong, including my identification numbers.

g. 6.

I have read a copy of the protective order issued by I will comply in all respects

the Court in this proceeding.

with all terms and conditions of that order in handling any protected information produced in connection with the proceeding. I will not disclose any protected information to

any individual who has not been admitted under the protective order by the Court. 7. For a period of two years after the date this

application is granted, I will not engage nor assist in the preparation of a proposal to be submitted to any agency of the United States Government for _________________________ when I know or have reason to know that any party to this proceeding, or any successor entity, will be a competitor, subcontractor or teaming member. 8. For a period of two years after the date this

application is granted, I will not engage nor assist in the preparation of a proposal or submission to __________________ -3-

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____________ nor will I have any personal involvement in any such activity. 9. I acknowledge that a violation of the terms of the

protective order may result in the imposition of such sanctions as may be deemed appropriate by the Court and in possible civil and criminal liability. *** By my signature, I certify that, to the best of my knowledge, the representations set forth above (including attached statements) are true and correct.

______________________ Signature ______________________ Typed Name and Title ______________________ Telephone Number ______________________ Fax Number ______________________ Signature of Attorney of Record ______________________ Typed Name and Title ______________________ Telephone Number ______________________ Fax Number

____________________ Date Executed

____________________ Date Executed

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