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

Case 1:07-cv-00678-ECH

Document 11

Filed 07/23/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SYSTEM PLANNING CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) )

No. 07-678 C (Judge Hewitt)

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 issue a protective order to enable defendant to produce records requested by plaintiffs that contain material protected from disclosure under the Privacy Act, 5 U.S.C. § 552a. The parties also jointly, respectfully request that the Court order defendant to produce the records requested by plaintiffs that contain material protected from disclosure under the Privacy Act, 5. U.S.C. § 552a, to enable defendant to produce the requested records pursuant to 5 U.S.C. § 552a(b)(11). Plaintiffs have served document requests upon defendant requesting documents that are either classified or designated "for official use only." See Ex. 1. These documents concern an automated access system for sensitive national defense facilities located at various places around the United States, so the documents contain sensitive information related to national security. Absent a protective order and an order from the Court instructing defendant to produce the requested records, defendant will be unable to produce the requested documents because of their sensitive, proprietary or classified nature. For these reasons, the parties respectfully request that the Court issue a protective order and an order instructing defendant to produce the documents requested by plaintiffs, which contain material designated by the Air Force as classified or as for official use only, may contain

Case 1:07-cv-00678-ECH

Document 11

Filed 07/23/2008

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information subject to the Privacy Act, may contain DoD Unclassified Nuclear Information and Export Controlled and may also contain proprietary information. The parties have attached a proposed protective order for the convenience of the Court.

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General

s/Thomas M. Craig THOMAS M. CRAIG Williams & Connelly 725 12th Street, N.W. Washington, D.C. 20005 (202) 434-5440 Attorney for Plaintiffs

JEANNE E. DAVIDSON Director

s/Mark A. Melnick MARK A. MELNICK Assistant Director

s/Joan M. Stentiford JOAN M. STENTIFORD Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 TEL: (202) 616-0341 FAX: (202) 514-8624 Of Counsel: CHUN-I CHIANG Air Force Legal Operations Agency Commercial Litigation AFLOA/JACQ 1501 Wilson Boulevard, Suite 606 Arlington, Virginia 22209 July 23, 2008 Attorneys for Defendant

Case 1:07-cv-00678-ECH

Document 11

Filed 07/23/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on July, 23, 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