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

Case 1:99-cv-00194-EGB

Document 93

Filed 12/12/2003

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ____________________________________) MARKETING AND MANAGEMENT INFORMATION, INC.,

No. 99-194C (Judge Bruggink)

JOINT MOTION TO ENTER PROTECTIVE ORDER GOVERNING DOCUMENTS AND INFORMATION PRODUCED BY ACNIELSEN CORPORATION IN RESPONSE TO DISCOVERY REQUESTS IN CONNECTION WITH THIS ACTION Plaintiff Marketing and Management Information, Inc. (MMI) and the United States respectfully request that the Court enter an order specifically governing the protections accorded under the Protective Order issued in this case on July 18, 2000, as supplemented, to documents produced by ACNielsen Corporation ("ACNielsen"), a third party, in response to discovery requests served upon it in connection with this action. ACNielsen has expressed concerns regarding the specific protections that the documents and information it produces in response to thirdparty requests MMI has served upon it, which documents ACNielsen deems highly sensitive, will enjoy. The attached proposed protective order, to which counsel for ACNielsen and the undersigned have collectively agreed, is designed specially to address those particular concerns.

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Case 1:99-cv-00194-EGB

Document 93

Filed 12/12/2003

Page 2 of 3

For these reasons, the parties respectfully request that the Court grant their motion and enter a supplemental protective order specifically governing documents and information produced by ACNielsen in response to discovery requests in connection with this action.

Respectfully submitted,

PETER D. KEISLER Assistant Attorney General /s/ David M. Cohen DAVID M. COHEN Director /s/ Sheryl Floyd SHERYL FLOYD Senior Trial Counsel Commercial Litigation Branch Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 (202) 307-0282 Attorneys for Defendant OF COUNSEL: THOMAS RATHGEB ELLIOTT CLARK Office of General Counsel Defense Commissary Agency Fort Lee, Virginia 23801 December 12, 2003

/s/ Charles J. Cooper CHARLES J. COOPER Cooper & Kirk, PLLC 1500 K Street, NW, Suite 200 Washington, DC 20005 (202) 220-9600 Counsel of Record for Plaintiff Of Counsel: Vincent J. Colatriano Derek Shaffer Cooper & Kirk, PLLC 1500 K Street, NW, Suite 200 Washington, D.C. 20005 (202) 220-9600

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Case 1:99-cv-00194-EGB

Document 93

Filed 12/12/2003

Page 3 of 3

CERTIFICATE OF FILING AND CERTIFICATE OF SERVICE I hereby certify that on this 12th day of December 2003, a copy of the foregoing motion 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. Parties may access this filing through the Court's system. In addition, because third parties are unable to receive copies of electronic filings, I hereby certify under penalty of perjury that on December 12, 2003, I caused to be placed in the United States mail (first class mail, postage prepaid) copies of the foregoing motion addressed as follows: William W. Goodrich, Esq. Arent, Fox, Klintner, Plotkin & Kahn 1050 Connecticut Ave., N.W. Washington, D.C. 20036-5339 FAX: (202) 857-6395 Charles J. Cooper COOPER & KIRK, PLLC 1500 K Street, NW Suite 200 Washington, D.C. 20005 FAX: (202) 220-9601

/s/ Sheryl L. Floyd

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