Protective Order by Outside Counsel — AirBoss Defense Group, LLC v. United States (Court of Federal Claims Bid Protest), Case 1:24-cv-00365, Doc. 35 (Filed 04/18/24)
- Date
- 2024-04-18
Summary
An application for access to information under protective order by outside counsel, filed April 18, 2024 as Document 35 in the bid protest AirBoss Defense Group, LLC v. United States of America, Case No. 24-cv-00365, in the United States Court of Federal Claims before Judge Charles F. Lettow. Scott E. Whitman of Haynes and Boone, LLP applies as counsel for defendant-intervenor New York Embroidery Studio, Inc. The application states that Whitman is not involved in competitive decision-making as discussed in U.S. Steel Corp. v. United States, 730 F.2d 1465 (Fed. Cir. 1984), and answers NONE to the questions on firm attorneys, family members and prior protective order denials. Whitman agrees to comply with the Protective Order, and the three-page application is also signed by attorney of record Tara D. Hopkins.
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Cite this document
“Protective Order by Outside Counsel — AirBoss Defense Group, LLC v. United States (Court of Federal Claims Bid Protest), Case 1:24-cv-00365, Doc. 35 (Filed 04/18/24).”
Original at ecf.cofc.uscourts.gov, dated 2024-04-18. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-04-18-u-s-steel-corp-v-united-states-730-f-2d-1465-fed-cir-1984-for-or-on-behalf/
, SHA-256 f04c2c34568dcef85c62a9d443245b1b84f0ce977057eefec101b482fbde3d67.Full text
Case 1:24-cv-00365-PSH Document 35 Filed 04/18/24 Page 1 of 3
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
Washington, D.C.
BID PROTEST
_______________________________________
|
AIRBOSS DEFENSE GROUP, LLC, |
|
|
Plaintiff, | Case No. 24-cv-00365
|
v. | Judge Charles F. Lettow
|
UNITED STATES OF AMERICA, |
|
Defendant, |
|
NEW YORK EMBROIDERY STUDIO, INC. |
|
Defendant-Intervenor. |
_______________________________________|
APPLICATION FOR ACCESS TO INFORMATION UNDER
PROTECTIVE ORDER BY OUTSIDE COUNSEL
1. I, Scott E. Whitman, hereby apply for access to protected information covered by
the Protective Order issued in connection with this proceeding.
2. I am an attorney with the law firm of Haynes and Boone, LLP and have been
retained to represent New York Embroidery Studio, Inc., a party to this protest.
3. I 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
Case 1:24-cv-00365-PSH Document 35 Filed 04/18/24 Page 2 of 3
that might gain a competitive advantage from access to the material 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 identify here those attorneys in my firm who, to the best of my knowledge,
cannot make the representations set forth in the preceding paragraph: NONE.
6. I identify here 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 material disclosed under the protective order:
NONE.
7. I identify here instances in which I have been denied admission to a protective
order, had admission revoked or been found to have violated a protective order issued by any
administrative or judicial tribunal: NONE.
8. [Not applicable.]
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.
2
Case 1:24-cv-00365-PSH Document 35 Filed 04/18/24 Page 3 of 3
***
By my signature, I certify that, to the best of my knowledge, the representations set forth
above are true and correct.
s/ Scott E. Whitman April 18, 2024
Signature Date Executed
Scott E. Whitman, Associate .
Typed Name and Title
202-654-4500 .
Telephone Number
202-654-4501 .
Facsimile Number
s/ Tara D. Hopkins April 18, 2024
Signature of Attorney of Record Date Executed
Tara D. Hopkins, Associate .
Typed Name and Title
703-847-6300 .
Telephone Number
703-847-6312 .
Facsimile Number
3
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