Order (2024-03-13)
- Date
- 2024-03-13
Summary
Document 16 in Case 1:24-cv-00365-PSH, filed March 13, 2024, consists of blank copies of Form 9 of the United States Court of Federal Claims, the Application for Access to Information Under Protective Order by Outside or Inside Counsel. The form's caption leaves the plaintiff's name, case number and judge blank against The United States as defendant. Its numbered paragraphs have counsel state bar membership, certify that they are not involved in competitive decision making as discussed in U.S. Steel Corp. v. United States, 730 F.2d 1465 (Fed. Cir. 1984), and disclose any prior denial or revocation of admission to a protective order. Inside counsel must attach a narrative on their position and isolation from competitive decision making, and applicants acknowledge possible sanctions for violating the Protective Order. The form repeats across the 8-page filing.
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Case 1:24-cv-00365-PSH Document 16 Filed 03/13/24 Page 1 of 8
FORM 9
APPLICATION FOR ACCESS TO INFORMATION UNDER
PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL
United States Court of Federal Claims
)
)
______________________________, )
) No.
Plaintiff, )
) Judge
v. )
)
THE UNITED STATES, )
)
Defendant. )
APPLICATION FOR ACCESS TO INFORMATION UNDER
PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL
1. I, ___________________________, hereby apply for access to protected information covered by
the Protective Order issued in connection with this proceeding.
2. a. I [outside counsel only] am an attorney with the law firm of ___________________________
and have been retained to represent ______________________________, a party to this
proceeding.
b. I [inside counsel] am in-house counsel (my title is: ________________________) for
___________________________, a party to this proceeding.
3. I am [ ] am not [ ] a member of the bar of the United States Court of Federal Claims (the court).
4. My professional relationship with the party I represent in this proceeding and its personnel is strictly
one of legal counsel. I am not involved in competitive decision making as discussed in U.S. Steel Corp. v.
United States, 730 F.2d 1465 (Fed. Cir. 1984), for or on behalf of the party I represent, any entity that is an
interested party to this proceeding, or any other firm that might gain a competitive advantage from access to
the information disclosed under the Protective Order. I do not provide advice or participate in any decisions
of such parties in matters involving similar or corresponding information about a competitor. This means that
I do not, for example, provide advice concerning, or participate in decisions about, marketing or advertising
strategies, product research and development, product design or competitive structuring and composition of
bids, offers, or proposals with respect to which the use of protected information could provide a competitive
advantage.
5. I [outside counsel only] identify here (by writing “none” or listing names and relevant circumstances)
those attorneys in my firm who, to the best of my knowledge, cannot make the representations set forth in
the preceding paragraph:
6. I identify here (by writing “none” or listing names, position, and responsibilities) any member of
my immediate family who is an officer or holds a management position with an interested party in the
proceeding or with any other firm that might gain a competitive advantage from access to the information
Case 1:24-cv-00365-PSH Document 16 Filed 03/13/24 Page 2 of 8
disclosed under the Protective Order.
7. I identify here (by writing “none” or identifying the name of the forum, case number, date, and
circumstances) instances in which I have been denied admission to a protective order, had admission revoked,
or have been found to have violated a protective order issued by any administrative or judicial tribunal:
8. I [inside counsel] have attached a detailed narrative providing the following information:
a. my position and responsibilities as in-house counsel, including my role in providing advice
in procurement-related matters;
b. the person(s) to whom I report and their position(s) and responsibilities;
c. the number of in-house counsel at the office in which I work and their involvement, if any,
in competitive decision making and in providing advice in procurement-related matters.
d. my relationship to the nearest person involved in competitive decision making (both in terms
of physical proximity and corporate structure); and
e. measures taken to isolate me from competitive decision making and to protect against the
inadvertent disclosure of protected information to persons not admitted under the Protective
Order.
9. I have read the Protective Order issued by the court in this proceeding. I will comply in all respects
with that order and will abide by its terms and conditions in handling any protected information produced in
connection with the proceeding.
10. I acknowledge that a violation of the terms of the Protective Order may result in the imposition of
such sanctions as may be deemed appropriate by the court and in possible civil and criminal liability.
***
By my signature, I certify that, to the best of my knowledge, the representations set forth above
(including attached statements) are true and correct.
___________________________ ___________________________
Signature Date Executed
___________________________
Typed Name and Title
___________________________
Telephone & Facsimile Numbers
___________________________
E-mail Address
___________________________ ___________________________
Signature of Attorney of Record Date Executed
___________________________
Typed Name and Title
___________________________
Telephone & Facsimile Numbers
___________________________
E-mail Address
Case 1:24-cv-00365-PSH Document 16 Filed 03/13/24 Page 3 of 8
FORM 9
APPLICATION FOR ACCESS TO INFORMATION UNDER
PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL
United States Court of Federal Claims
)
)
______________________________, )
) No. _________
Plaintiff, )
) Judge___________________
v. )
)
THE UNITED STATES, )
)
Defendant. )
APPLICATION FOR ACCESS TO INFORMATION UNDER
PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL
1. I, ___________________________, hereby apply for access to protected information covered by
the Protective Order issued in connection with this proceeding.
2. a. I [outside counsel only] am an attorney with the law firm of ___________________________
and have been retained to represent ______________________________, a party to this
proceeding.
b. I [inside counsel] am in-house counsel (my title is: ________________________) for
___________________________, a party to this proceeding.
3. I am [ ] am not [ ] a member of the bar of the United States Court of Federal Claims (the court).
4. My professional relationship with the party I represent in this proceeding and its personnel is strictly
one of legal counsel. I am not involved in competitive decision making as discussed in U.S. Steel Corp. v.
United States, 730 F.2d 1465 (Fed. Cir. 1984), for or on behalf of the party I represent, any entity that is an
interested party to this proceeding, or any other firm that might gain a competitive advantage from access to
the information disclosed under the Protective Order. I do not provide advice or participate in any decisions
of such parties in matters involving similar or corresponding information about a competitor. This means that
I do not, for example, provide advice concerning, or participate in decisions about, marketing or advertising
strategies, product research and development, product design or competitive structuring and composition of
bids, offers, or proposals with respect to which the use of protected information could provide a competitive
advantage.
5. I [outside counsel only] identify here (by writing “none” or listing names and relevant circumstances)
those attorneys in my firm who, to the best of my knowledge, cannot make the representations set forth in
the preceding paragraph:
6. I identify here (by writing “none” or listing names, position, and responsibilities) any member of
my immediate family who is an officer or holds a management position with an interested party in the
proceeding or with any other firm that might gain a competitive advantage from access to the information
Case 1:24-cv-00365-PSH Document 16 Filed 03/13/24 Page 4 of 8
disclosed under the Protective Order.
_____________________________________________________________________________________
7. I identify here (by writing “none” or identifying the name of the forum, case number, date, and
circumstances) instances in which I have been denied admission to a protective order, had admission revoked,
or have been found to have violated a protective order issued by any administrative or judicial tribunal:
_____________________________________________________________________________________
8. I [inside counsel] have attached a detailed narrative providing the following information:
a. my position and responsibilities as in-house counsel, including my role in providing advice
in procurement-related matters;
b. the person(s) to whom I report and their position(s) and responsibilities;
c. the number of in-house counsel at the office in which I work and their involvement, if any,
in competitive decision making and in providing advice in procurement-related matters.
d. my relationship to the nearest person involved in competitive decision making (both in terms
of physical proximity and corporate structure); and
e. measures taken to isolate me from competitive decision making and to protect against the
inadvertent disclosure of protected information to persons not admitted under the Protective
Order.
9. I have read the Protective Order issued by the court in this proceeding. I will comply in all respects
with that order and will abide by its terms and conditions in handling any protected information produced in
connection with the proceeding.
10. I acknowledge that a violation of the terms of the Protective Order may result in the imposition of
such sanctions as may be deemed appropriate by the court and in possible civil and criminal liability.
***
By my signature, I certify that, to the best of my knowledge, the representations set forth above
(including attached statements) are true and correct.
___________________________ ___________________________
Signature Date Executed
___________________________
Typed Name and Title
___________________________
Telephone & Facsimile Numbers
___________________________
E-mail Address
___________________________ ___________________________
Signature of Attorney of Record Date Executed
___________________________
Typed Name and Title
___________________________
Telephone & Facsimile Numbers
___________________________
E-mail Address
Case 1:24-cv-00365-PSH Document 16 Filed 03/13/24 Page 5 of 8
FORM 9
APPLICATION FOR ACCESS TO INFORMATION UNDER
PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL
United States Court of Federal Claims
)
)
______________________________, )
) No. _________
Plaintiff, )
) Judge___________________
v. )
)
THE UNITED STATES, )
)
Defendant. )
APPLICATION FOR ACCESS TO INFORMATION UNDER
PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL
1. I, ___________________________, hereby apply for access to protected information covered by
the Protective Order issued in connection with this proceeding.
2. a. I [outside counsel only] am an attorney with the law firm of ___________________________
and have been retained to represent ______________________________, a party to this
proceeding.
b. I [inside counsel] am in-house counsel (my title is: ________________________) for
___________________________, a party to this proceeding.
3. I am [ ] am not [ ] a member of the bar of the United States Court of Federal Claims (the court).
4. My professional relationship with the party I represent in this proceeding and its personnel is strictly
one of legal counsel. I am not involved in competitive decision making as discussed in U.S. Steel Corp. v.
United States, 730 F.2d 1465 (Fed. Cir. 1984), for or on behalf of the party I represent, any entity that is an
interested party to this proceeding, or any other firm that might gain a competitive advantage from access to
the information disclosed under the Protective Order. I do not provide advice or participate in any decisions
of such parties in matters involving similar or corresponding information about a competitor. This means that
I do not, for example, provide advice concerning, or participate in decisions about, marketing or advertising
strategies, product research and development, product design or competitive structuring and composition of
bids, offers, or proposals with respect to which the use of protected information could provide a competitive
advantage.
5. I [outside counsel only] identify here (by writing “none” or listing names and relevant circumstances)
those attorneys in my firm who, to the best of my knowledge, cannot make the representations set forth in
the preceding paragraph:
6. I identify here (by writing “none” or listing names, position, and responsibilities) any member of
my immediate family who is an officer or holds a management position with an interested party in the
proceeding or with any other firm that might gain a competitive advantage from access to the information
Case 1:24-cv-00365-PSH Document 16 Filed 03/13/24 Page 6 of 8
disclosed under the Protective Order.
_____________________________________________________________________________________
7. I identify here (by writing “none” or identifying the name of the forum, case number, date, and
circumstances) instances in which I have been denied admission to a protective order, had admission revoked,
or have been found to have violated a protective order issued by any administrative or judicial tribunal:
_____________________________________________________________________________________
8. I [inside counsel] have attached a detailed narrative providing the following information:
a. my position and responsibilities as in-house counsel, including my role in providing advice
in procurement-related matters;
b. the person(s) to whom I report and their position(s) and responsibilities;
c. the number of in-house counsel at the office in which I work and their involvement, if any,
in competitive decision making and in providing advice in procurement-related matters.
d. my relationship to the nearest person involved in competitive decision making (both in terms
of physical proximity and corporate structure); and
e. measures taken to isolate me from competitive decision making and to protect against the
inadvertent disclosure of protected information to persons not admitted under the Protective
Order.
9. I have read the Protective Order issued by the court in this proceeding. I will comply in all respects
with that order and will abide by its terms and conditions in handling any protected information produced in
connection with the proceeding.
10. I acknowledge that a violation of the terms of the Protective Order may result in the imposition of
such sanctions as may be deemed appropriate by the court and in possible civil and criminal liability.
***
By my signature, I certify that, to the best of my knowledge, the representations set forth above
(including attached statements) are true and correct.
___________________________ ___________________________
Signature Date Executed
___________________________
Typed Name and Title
___________________________
Telephone & Facsimile Numbers
___________________________
E-mail Address
___________________________ ___________________________
Signature of Attorney of Record Date Executed
___________________________
Typed Name and Title
___________________________
Telephone & Facsimile Numbers
___________________________
E-mail Address
Case 1:24-cv-00365-PSH Document 16 Filed 03/13/24 Page 7 of 8
FORM 9
APPLICATION FOR ACCESS TO INFORMATION UNDER
PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL
United States Court of Federal Claims
)
)
______________________________, )
) No. _________
Plaintiff, )
) Judge___________________
v. )
)
THE UNITED STATES, )
)
Defendant. )
APPLICATION FOR ACCESS TO INFORMATION UNDER
PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL
1. I, ___________________________, hereby apply for access to protected information covered by
the Protective Order issued in connection with this proceeding.
2. a. I [outside counsel only] am an attorney with the law firm of ___________________________
and have been retained to represent ______________________________, a party to this
proceeding.
b. I [inside counsel] am in-house counsel (my title is: ________________________) for
___________________________, a party to this proceeding.
3. I am [ ] am not [ ] a member of the bar of the United States Court of Federal Claims (the court).
4. My professional relationship with the party I represent in this proceeding and its personnel is strictly
one of legal counsel. I am not involved in competitive decision making as discussed in U.S. Steel Corp. v.
United States, 730 F.2d 1465 (Fed. Cir. 1984), for or on behalf of the party I represent, any entity that is an
interested party to this proceeding, or any other firm that might gain a competitive advantage from access to
the information disclosed under the Protective Order. I do not provide advice or participate in any decisions
of such parties in matters involving similar or corresponding information about a competitor. This means that
I do not, for example, provide advice concerning, or participate in decisions about, marketing or advertising
strategies, product research and development, product design or competitive structuring and composition of
bids, offers, or proposals with respect to which the use of protected information could provide a competitive
advantage.
5. I [outside counsel only] identify here (by writing “none” or listing names and relevant circumstances)
those attorneys in my firm who, to the best of my knowledge, cannot make the representations set forth in
the preceding paragraph:
6. I identify here (by writing “none” or listing names, position, and responsibilities) any member of
my immediate family who is an officer or holds a management position with an interested party in the
proceeding or with any other firm that might gain a competitive advantage from access to the information
Case 1:24-cv-00365-PSH Document 16 Filed 03/13/24 Page 8 of 8
disclosed under the Protective Order.
_____________________________________________________________________________________
7. I identify here (by writing “none” or identifying the name of the forum, case number, date, and
circumstances) instances in which I have been denied admission to a protective order, had admission revoked,
or have been found to have violated a protective order issued by any administrative or judicial tribunal:
_____________________________________________________________________________________
8. I [inside counsel] have attached a detailed narrative providing the following information:
a. my position and responsibilities as in-house counsel, including my role in providing advice
in procurement-related matters;
b. the person(s) to whom I report and their position(s) and responsibilities;
c. the number of in-house counsel at the office in which I work and their involvement, if any,
in competitive decision making and in providing advice in procurement-related matters.
d. my relationship to the nearest person involved in competitive decision making (both in terms
of physical proximity and corporate structure); and
e. measures taken to isolate me from competitive decision making and to protect against the
inadvertent disclosure of protected information to persons not admitted under the Protective
Order.
9. I have read the Protective Order issued by the court in this proceeding. I will comply in all respects
with that order and will abide by its terms and conditions in handling any protected information produced in
connection with the proceeding.
10. I acknowledge that a violation of the terms of the Protective Order may result in the imposition of
such sanctions as may be deemed appropriate by the court and in possible civil and criminal liability.
***
By my signature, I certify that, to the best of my knowledge, the representations set forth above
(including attached statements) are true and correct.
___________________________ ___________________________
Signature Date Executed
___________________________
Typed Name and Title
___________________________
Telephone & Facsimile Numbers
___________________________
E-mail Address
___________________________ ___________________________
Signature of Attorney of Record Date Executed
___________________________
Typed Name and Title
___________________________
Telephone & Facsimile Numbers
___________________________
E-mail Address
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