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

Case 1:98-cv-00543-ECH

Document 121

Filed 11/12/2003

Page 1 of 3

UNITED STATES COURT OF FEDERAL CLAIMS ______________________________ ) GOLD LINE REFINING, LTD., ) Through its Trustee Ben B. Floyd, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ______________________________)

No. 98-543C (Judge Hewitt)

JOINT MOTION FOR ENTRY OF PROTECTIVE ORDER Pursuant to RCFC 26(c), Plaintiff, Gold Line Refining, Ltd. ("Gold Line"), and Defendant the United States respectfully submit this joint motion for entry of the Protective Order attached hereto as Exhibit 1. RCFC 26(c) provides that, upon motion by a person from whom discovery is sought and for good cause shown, a protective order may be entered to prevent disclosure of "a trade secret or other confidential research, development, or commercial information not to be revealed [to] or be revealed only in a designated way...." The parties agree that the attached Protective Order is necessary to prevent disclosure of the confidential or proprietary information that will be sought during discovery. Information in this category includes government source selection information and information prepared by Plaintiff's expert witness, Baker & O'Brien, Inc. ("Baker & O'Brien"). The parties agree that they have an interest in preventing dissemination of these and other sensitive materials outside this litigation, and the proposed Order places certain restrictions on the use of documents designated by a party as "Confidential" that will ensure such protection. Although the attached Order provides adequate protection for what is likely to be the majority of documents produced in this litigation, Plaintiff submits that it may be necessary at a

Case 1:98-cv-00543-ECH

Document 121

Filed 11/12/2003

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later time to seek modification of the attached Order. Moreover, because Defendant may seek additional information during discovery, and because it is not clear what agreements the parties may be able to reach concerning such information, the parties reserve the right to seek to modify the protective order in the future as may be necessary.

Respectfully submitted, s/ R.H. Uscher Ronald H. Uscher Bastianelli, Brown & Kelley, Chtd. Two Lafayette Centre 1133 21st Street, N.W., Suite 500 Washington, D.C. 20036 (202) 293-8815 (202) 293-7994 (fax) Attorneys for Gold Line Refining, Ltd. Of Counsel: Donald A. Tobin Lori Ann Lange Bastianelli, Brown & Kelley, Chtd. Two Lafayette Centre 1133 21st Street, N.W., Suite 500 Washington, D.C. 20036 (202) 293-8815 (202) 293-7994 (fax) ROBERT D. MCCALLUM, JR. Assistant Attorney General DAVID M. COHEN Director s/ Reginald T. Blades Reginald T. Blades, Jr. Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L St., N.W., 8th Floor Washington, D.C. 20530 (202) 616-8257 (Phone) (202) 307-0972 Attorneys for the United States Of Counsel: HOWARD M. KAUFER Assistant Counsel Office of General Counsel Defense Energy Support Center Ft. Belvoir, VA 22060

Dated: November 12, 2003

CERTIFICATE OF SERVICE 2

Case 1:98-cv-00543-ECH

Document 121

Filed 11/12/2003

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I hereby certify that on this 12th day of November, 2003, the foregoing Joint Motion For Entry of 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. Parties may access this filing through the Court's system. s/ Ronald H. Uscher

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