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

Case 1:07-cv-00867-TCW

Document 38

Filed 08/07/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS AMERICAN ORDNANCE LLC, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-867C (Judge Wheeler)

JOINT MOTION FOR A PROTECTIVE ORDER Pursuant to Rule 26(c) of the Rules of the United States Court of Federal Claims, the parties hereby jointly, respectfully request the Court to enter a protective order to enable defendant to share information that requires protection to safeguard the competitive process, including source selection information, proprietary information, and confidential information contained in: (a) any document (e.g., a pleading, motion, brief, notice, or discovery request or response) produced, filed, or served by a party to this litigation; or (b) any deposition, sealed testimony or argument, declaration, or affidavit taken or provided during this litigation. Absent a protective order, the parties will be unable to discuss certain aspects of the case, and may be prevented from exploring all avenues potentially leading to expeditious resolution of the case. For this reason, the parties respectfully request that the Court issue the proposed protective order submitted by the parties. Additionally, Steven M. Masiello, and Timothy R. Odil, of McKenna Long and Aldridge, LLP, counsel for the plaintiff, American Ordnance LLC, represent that their relationship to American Ordnance is strictly one of legal counsel, and that neither of them is involved in competitive decisionmaking as discussed in U.S. Steel Corp. v. United States, 730 F.2d 1465

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(Fed. Cir. 1984), for, or on behalf of American Ordnance as more fully set out in the Applications For Access To Material Under A Protective Order For Outside Counsel that accompany this motion. Based on the representations made by Mr. Masiello and Mr. Odil, the parties request that Mr. Masiello and Mr. Odil be admitted to the protective order upon the entry of this order. Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director s/Reginald T. Blades, Jr. REGINALD T. BLADES, JR. Assistant Director

s/Steven M. Masiello STEVEN M. MASIELLO McKenna Long & Aldridge, LLP 1875 Lawrence Street, Suite 200 Denver, Colorado 80202 Tele: (303) 634-4000 Fax: (303) 634-4400

s/ Joan M. Stentiford JOAN M. STENTIFORD Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 616-0341 Fax: (202) 514-8624

s/ Timothy R. Odil TIMOTHY R. ODIL McKenna Long & Aldridge, LLP 1875 Lawrence Street, Suite 200 Denver Colorado 80202

OF COUNSEL: James Mackey Ives Litigation Attorney General Litigation Branch Army Litigation Center 901 N. Stuart Street, Suite 400 Arlington, Virginia 22203 2

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Larry Manecke U.S. Army Sustainment Command Office of Counsel AMSAS-GC Bldg. 390 1 Rock Island Arsenal Rock Island, Illinois 61299-6000 Attorneys for Plaintiff Attorneys for Defendant

August 7, 2008

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Case 1:07-cv-00867-TCW

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CERTIFICATE OF FILING I hereby certify that on August, 7, 2008, copies of the foregoing "JOINT MOTION FOR A PROTECTIVE ORDER" and "PROPOSED PROTECTIVE ORDER" were 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 my access this filing through the Court's system.

s/Joan M. Stentiford Joan M. Stentiford