Free Status Report - District Court of Federal Claims - federal

Case 1:92-cv-00580-EJD

Document 273

Filed 07/10/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

SPARTON CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant.

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No. 92-580 Chief Judge Damich

STATUS REPORT IN ACCORDANCE WITH THE COURT'S ORDER OF FEBRUARY 2, 2006 In accordance with the Court's March 28, 2006 Order, Docket No. 266, the parties have consulted and file the following report.

DEFENDANT'S REPORT ON THE STATUS OF ITS DECLASSIFICATION EFFORTS AND REVIEW OF PROPRIETARY DOCUMENTS The classified documents listed in Attachments 1 and 2 to Report of the United States Regarding the Status of the Government's Review of Classified Documents, Docket No. 271, filed on April 25, 2006 were forwarded to the Navy for review. Due to restructuring of the Navy that has occurred in the period between the creation of the documents and the request for declassification, an appropriate declassification authority had to be located within the Navy. In April, the Navy determined that Naval Air Systems Command (NAVAIR) office known as PMA-264 would have technical cognizance over all of the documents for purposes of recommending declassification. PMA-264 has completed its review of the documents and the documents have been forwarded for review by the security office having authority to approve -1-

Case 1:92-cv-00580-EJD

Document 273

Filed 07/10/2006

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declassification. That office is currently reviewing all of the documents prior to making a final recommendation on declassification to the officer having original classification. That office is currently reviewing all of the documents prior to making a final recommendation on declassification to the officer having authority to declassify the information. In accordance with the Court's Order of April 17, 2006, Docket No. 269, determinations regarding the use of proprietary information at trial have been postponed until the pretrial conference. The United States has nothing further to report regarding proprietary documents beyond what it reported in it prior status report, Docket No. 271.

PLAINTIFF'S REPORT ON THE STATUS OF HAVING CONFIDENTIAL MARKINGS REMOVED Sparton has been contacted by Rockwell's successor and Hermes' new attorney regarding the above subject. Rockwell's successor desires Sparton to provide deposition exhibits which were previously provided to it by Sparton during the depositions taken at Rockwell. These exhibits were requested because they could not be located by Rockwell's successor. Sparton is thus providing Rockwell's successor with another copy thereof along with a copy of the depositions. Hermes' new attorney is being sent a copy of certain deposition pages containing the information at issue. Hermes did not enter into a protective order in this case. Sparton has received from defendant two expert reports marked as confidential under the protective order issued in this case. All or most of the material contained therein is in the public domain, e.g.,

prior art discussion and charts and government contract information.

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Case 1:92-cv-00580-EJD

Document 273

Filed 07/10/2006

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General JOHN FARGO Director s/ Gary L. Hausken GARY L. HAUSKEN Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Telephone: (202) 307-0342 Facsimile: (202) 307-3045 July 10, 2006

s/ Steven Kreiss* STEVEN KREISS 1120 Connecticut Avenue, N.W. Suite 240 Washington, D.C. 20036 Telephone: (202) 347-6382 Facsimile: (202) 347-7711 July 10, 2006

* by express written authorization

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