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

Case 1:04-cv-00636-LB

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(ATTACHMENT A) 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 OUTSIDE OR INSIDE COUNSEL 1. I, ________________________, hereby apply for access to

protected information covered by the protective order issued in connection with this proceeding. 2. a. I [outside counsel only] am an attorney with the

law firm of ___________________________ and have been retained to represent __________________________, a party to this proceeding. b. I [inside counsel only] am in-house counsel (my

title is: ____________________) for _______________________, a party to this proceeding. 3. I am [ ] am not [ ] a member of the bar of the United

States Court of Federal Claims (the "Court"). 4. My professional relationship with the party I represent

in this proceeding and its personnel is strictly one of legal counsel. 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 the party I represent, any entity that is an interested party to this proceeding, or any

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other firm that might gain a competitive advantage from access to the information disclosed under the protective order. I do not

provide advice or participate in any decisions of such parties in matters involving similar or corresponding information about a competitor. This means that I do not, for example, provide

advice concerning, or participate 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 protected information could provide a competitive advantage. 5. I [outside counsel only] identify here (by writing

"none" or listing names and relevant circumstances) those attorneys in my firm who, to the best of my knowledge, cannot make the representations set forth in the preceding paragraph: ________________________________________ ________________________________________ ________________________________________ 6. I identify here (by writing "none" or listing names,

position, and responsibilities) any member of my immediate family who is an officer or holds a management position with an interested party in the proceeding or with any other firm that might gain a competitive advantage from access to the information disclosed under the protective order: ________________________________________ ________________________________________

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________________________________________ 7. I identify here (by writing "none" or identifying the

name of the forum, case number, date, and circumstances) instances in which I have been denied admission to a protective order, had admission revoked or been found to have violated a protective order issued by any administrative or judicial tribunal: ________________________________________ ________________________________________ ________________________________________ 8. I [inside counsel only] have attached a detailed

narrative providing the following information: a. my position and responsibilities as in-house

counsel, including my role in providing advice in procurementrelated matters; b. the person(s) to whom I report and their

position(s) and responsibilities; c. the number of in-house counsel at the office in

which I work and their involvement, if any, in competitive decision-making and in providing advice in procurement-related matters; d. my relationship to the nearest person involved in

competitive decision-making (both in terms of physical proximity and corporate structure); and

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e.

measures taken to isolate me from competitive

decision-making and to protect against the inadvertent disclosure of protected information to persons not admitted under the protective order. 9. I have read the protective order issued by the Court in I will comply in all respects with that order

this proceeding.

and will abide by its terms and conditions in handling any protected information produced in connection with the proceeding. 10. 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 any attached statements) are true and correct. ______________________________ Signature ______________________________ Typed Name and Title _______________________________ Telephone Number ______________________________ Fax Number __________________________ Date Executed

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