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

Case 1:99-cv-00194-EGB

Document 91

Filed 12/12/2003

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

No. 99-194C (Judge Bruggink)

JOINT MOTION TO SUPPLEMENT PROTECTIVE ORDER Plaintiff, Marketing Management and Information, Inc. (MMI), and the United States respectfully request that the Court enter an order supplementing the Protective Order issued in this case on July 18, 2000, in order to address concerns raised by several third parties whose documents have or may be the source of discovery in this case and by the General Services Administration Board of Contract Appeals (GSBCA) in connection with its management of the protective order issued in A.C.Nielsen Company, et al. v. Defense Commissary Agency, GSBCA Nos. 13466-P, 13469-P, 13470-P (the A.C. Nielsen matter). MMI has served third-party discovery requests upon ACNielsen Corporation (ACNielsen) and Information Resources, Inc. (IRI), and both have requested that, prior to the release of their sensitive information, they will be guaranteed that this information will be adequately protected under the Court's protective order. In addition, both MMI and the United States

have recently requested the GSBCA to enter an order granting our consultants access to material which is protected under the GSBCA

Case 1:99-cv-00194-EGB

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Filed 12/12/2003

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protective order issued in the A.C. Nielsen matter on November 8, 1995. In response to these requests, the GSBCA issued an order

requesting permission from all parties in the A.C. Nielsen matter to transfer the continuing supervision of the protected material in the A.C. Nielsen matter to this Court, should the Court agree to such a transfer. All parties agreed to the board's request to

transfer continuing supervision of the GSBCA protected material to this Court. The attached proposed protective order is designed to address the concerns of A.C. Nielsen and IRI relating to the parties' use of their sensitive information in the course of this proceeding. It is also designed as a prelude to the GSBCA's

anticipated request of this Court to agree to transfer the continuing supervision of the GSBCA protected material to the Court.

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For these reasons, the parties respectfully request that the Court grant their motion and enter a supplemental protective order. Respectfully submitted, /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 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 Tele: (202) 307-0282 Attorneys for Defendant OF COUNSEL: THOMAS RATHGEB ELLIOTT CLARK Office of General Counsel Defense Commissary Agency Fort Lee, Virginia 23801 DATE: DECEMBER 11, 2003

Of Counsel: VINCENT J. COLATRIANO DEREK L. 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

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CERTIFICATE OF FILING AND CERTIFICATE OF SERVICE I hereby certify that on December 12, 2003, a copy of the "JOINT MOTION TO SUPPLEMENT PROTECTIVE 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. system. Parties may access this filing through the Court's 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 "JOINT MOTION TO SUPPLEMENT PROTECTIVE ORDER" addressed as follows: William W. Goodrich, Esq. Arent, Fox, Kintner, Plotkin & Kahn 1050 Connecticut Ave., N.W. Washington, D.C. 20036-5339 FAX: (202) 857-6395 Joseph P. Hornyak, Esq. Sonnenschein, Nath & Rosenthal 1301 K St., N.W., Suite 600, East Tower Washington, D.C. 20005 FAX: (202) 408-6399 Jon Hogue, Esq. Hogue & Lannis 3400 Gulf Tower Pittsburgh, PA 15219 FAX: (412) 263-5660

Case 1:99-cv-00194-EGB

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Paralee White, Esq. Brent Connor, Esq. Cohen Mohr, LLP 1055 Thomas Jefferson St., N.W. Suite 504 Washington, D.C. 20007 FAX: (202) 342-6147 Charles J. Cooper Vincent Colatriano Cooper & Kirk Suite 200 1500 K Street, N.W. Washington, D.C. 20005 FAX: (202) 220-9601 Thomas Rathgeb, Esq. Office of the General Counsel Defense Commissary Agency 1300 E Avenue Ft. Lee, VA 28801-1800 FAX: (804) 734-8259 /s/ Sheryl Floyd