Omniplex World Services Corp. v. United States

104 Fed. Cl. 734, 2012 U.S. Claims LEXIS 432, 2012 WL 1424062
CourtUnited States Court of Federal Claims
DecidedApril 24, 2012
DocketNo. 12-249 C
StatusPublished

This text of 104 Fed. Cl. 734 (Omniplex World Services Corp. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Omniplex World Services Corp. v. United States, 104 Fed. Cl. 734, 2012 U.S. Claims LEXIS 432, 2012 WL 1424062 (uscfc 2012).

Opinion

PROTECTIVE ORDER

EMILY C. HEWITT, Chief Judge.

Before the court is Defendant’s Motion for a Protective Order (defendant’s Motion or Def.’s Mot.), Docket Number (Dkt. No.) 10, filed April 18, 2012 and Plaintiffs Response to Defendant’s Motion for a Protective Order (Pl.’s Resp.), Dkt. No. 11, filed April 23, 2012. Defendant’s Motion proposes certain changes to the court’s standard form of protective order, paragraphs 2, 7, 12 and 20. Def.’s Mot. 1. Plaintiff does not object to defendant’s Motion. Pl.’s Resp. 1. To the extent that this protective order incorporates paragraph 20 of defendant’s Motion, Defendant’s Motion is GRANTED-IN-PART; defendant’s Motion is otherwise DENIED.

The court finds that certain information that may be disclosed orally or in writing during the course of this litigation may be competition-sensitive or otherwise protecta-ble and that entry of a Protective Order is necessary to safeguard the confidentiality of that information. Accordingly, the parties shall comply with the terms and conditions of [735]*735this Protective Order. Subject to further order of the court, all documents filed after the issuance of this Protective Order shall be considered to be under seal.

1. Protected Information Defined. “Protected information” as used in this order means information that must be protected 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.
2. Restrictions on the Use of Protected Information. Protected information may be used solely for the purposes of this litigation and may not be given, shown, made available, discussed, or otherwise conveyed in any form except as provided herein.
3. Individuals Permitted Access to Protected Information. ' Except as provided in paragraphs 7 and 8 below, the only individuals who may be given access to protected information are counsel for a party and independent consultants and experts assisting any counsel to a party in connection with this litigation. Outside counsel for a party, and counsel associated with outside counsel for a party, shall be deemed admitted without further action.
4. Applying for Access to Protected Information. An individual seeking access to protected information pursuant to Appendix C, Section VI of this court’s rules must read this Protective Order; must complete the appropriate application form (Form 9 — “Application for Access to Information Under Protective Order by Outside or Inside Counsel,” or Form 10 — “Application for Access to Information Under Protective Order by Expert Consultant or Witness”); and must file the executed application with the court. Copies of the appropriate application forms are attached to this Order as appendices.
5. Objecting to an Application for Admission. Any objection to an application for access must be filed with the court within two (2) business days of the objecting party’s receipt of the application.
6. Receiving Access to Protected Information. If no objections have been filed by the close of the second business day after the other parties have received the application, the applicant will be granted access to protected information without further action by the court. If any party files an objection to an application, access will only be granted by court order.
7. Access to Protected Information by Court, Department of Justice, and Agency Personnel. Personnel of the court, the procuring agency, and the Department of Justice are automatically subject to the terms of this Protective Order and are entitled to access to protected information without further action.
8. Access to Protected Information by Support Personnel. Paralegal, clerical, and administrative support personnel assisting any counsel who has been admitted under this Protective Order may be given access to protected information by such counsel if those personnel have first been informed by counsel of the obligations imposed by this Protective Order.
9. Identifying Protected Information. Protected information may be provided only to the court and to individuals admitted under this Protective Order and must be identified as follows:
(a) if provided in electronic form, the subject line of the electronic transmission shall read “CONTAINS PROTECTED INFORMATION”; or
(b) if provided in paper form, the document must be sealed in a parcel containing the legend “PROTECTED INFORMATION ENCLOSED” conspicuously marked on the outside.
[736]*736The first page of each document containing protected information, including courtesy copies for use by the judge, must contain a banner stating “Protected Information to Be Disclosed Only in Accordance With the U.S. Court of Federal Claims Protective Order” and the portions of any document containing protected information must be clearly identified.
10. Filing Protected Information. Pursuant to this order, a document containing protected information may be filed electronically under the court’s electronic case filing system using the appropriate activity listed in the “SEALED” documents menu. If filed in paper form, a document containing protected information must be sealed in the manner prescribed in paragraph 9(b) and must include as an attachment to the front of the parcel a copy of the certificate of service identifying the document being filed.
11. Protecting Documents Not Previously Sealed. If a party determines that a previously produced or filed document contains protected information, the party may give notice in writing to the court and the other parties that the document is to be treated as protected, and thereafter the designated document must be treated in accordance with this Protective Order.
12. Redacting Protected Documents For the Public Record.
(a) Initial Redactions. After filing a document containing protected information in accordance with paragraph 10, or after later sealing a document pursuant to paragraph 11, a party must promptly serve on the other parties a proposed redacted version marked “Proposed Redacted Version” in the upper right-hand corner of the first page with the claimed protected information deleted.
(b) Additional Redactions. If a party seeks to include additional redactions, it must advise the filing party of its proposed redactions within two (2) business days (or such shorter or longer period of time as the parties may agree) after receipt of the proposed redacted version. The filing party must then provide the other parties with a second redacted version of the document clearly marked “Agreed-Upon Redacted Version” in the upper right-hand corner of the page with the additional information deleted.
(c) Final Version.

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Bluebook (online)
104 Fed. Cl. 734, 2012 U.S. Claims LEXIS 432, 2012 WL 1424062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/omniplex-world-services-corp-v-united-states-uscfc-2012.