PARRA CONSULTING GROUP, INC. v. USA

Filing 14

PROTECTIVE ORDER. Signed by Judge Francis M. Allegra. (si) Copy to parties.

In The United States Court of Federal Claims
No. 13-794C
(Filed: October 17, 2013)
__________
PARRA CONSULTING GROUP, INC.,
Plaintiff,
v.
THE UNITED STATES,
Defendant.
__________
PROTECTIVE ORDER
__________
The court finds that certain information likely to be disclosed orally or in writing during
the course of this litigation may be competition-sensitive or otherwise protectable 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 this Protective Order.
I.
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)

(b)

2.

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
any deposition, sealed testimony or argument, declaration, or affidavit taken or
provided during this litigation.

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 or as otherwise
required by federal statutory law.

II.
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 such counsel in
connection with this litigation.

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.

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.
III.

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

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(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. The 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.
IV.

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
after receipt of the proposed redacted version, or such other time as agreed upon
by the parties. 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. At the expiration of the period noted in (b) above, or after an
agreement between the parties has been reached regarding additional redactions,
the filing party must file with the court the final redacted version of the document
clearly marked “Redacted Version” in the upper right-hand corner of the first
page. This document will be available to the public.

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(d)

Objecting to Redactions. Any party at any time may object to another party’s
designation of certain information as protected. If the parties are unable to reach
an agreement regarding redactions, the objecting party may submit the matter to
the court for resolution. Until the court resolves the matter, the disputed
information must be treated as protected.
V.

13.

Copying Protected Information. No party, other than the United States, may for its own
use make more than three (3) copies of a protected document received from another
party, except with the consent of all other parties. A party may make additional copies of
such documents, however, for filing with the court, service on the parties, or use in
discovery and may also incorporate limited amounts of protected information into its own
documents or pleadings. All copies of such documents must be clearly labeled in the
manner required by paragraph 9.

14.

Waiving Protection of Information. A party may at any time waive the protection of this
order with respect to any information it has designated as protected by advising the court
and the other parties in writing and identifying with specificity the information to which
this Protective Order will no longer apply.

15.

Safeguarding Protected Information. Any individual admitted under this Protective
Order must take all necessary precautions to prevent disclosure of protected information,
including but not limited to physically securing, safeguarding, and restricting access to
the protected information.

16.

Breach of the Protective Order. If a party discovers any breach of any provision of this
Protective Order, the party must promptly report the breach to the other parties and
immediately take appropriate action to cure the violation and retrieve any protected
information that may have been disclosed to individuals not admitted under this
Protective Order. The parties must reasonably cooperate in determining the reasons for
any such breach.

17.

Seeking Relief From the Protective Order. Nothing contained in this order shall preclude
a party from seeking relief from this Protective Order through the filing of an appropriate
motion with the court setting forth the basis for the relief sought.
VI.

18.

Maintaining Filed Documents Under Seal. The court will maintain properly marked
protected documents under seal throughout this litigation.

19.

Retaining Protected Information After the Termination of Litigation. Upon conclusion of
this action (including any appeals and remands), the original version of the administrative
record and any other materials that have been filed with the court under seal will be
retained by the court pursuant to RCFC 77.3(c). Copies of such materials may be
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returned by the court to the filing parties for disposition in accordance with paragraph 20
of this Protective Order.
20.

Disposing of Protected Information. Within thirty (30) days after the conclusion of this
action (including any appeals and remands), each party must destroy all protected
information received pursuant to this litigation and certify in writing to each other party
that such destruction has occurred or must return the protected information to the parties
from which the information was received. With respect to protected electronically stored
information (ESI) stored on counsel’s computer network(s), destruction of such ESI for
purposes of compliance with this paragraph shall be complete when counsel takes
reasonable steps to delete all such ESI from the active email system (such as, but not
limited to, the “Inbox,” “Sent Items,” and “Deleted Items” folders) of admitted counsel
and of any personnel who received or sent emails with protected information while
working under the direction and supervision of such counsel, and by deleting any
protected ESI from databases under counsel’s control. Compliance with this paragraph
does not require counsel to search for and remove ESI from any computer network backup tapes, disaster recovery systems, or archival systems. Each party may retain one copy
of such documents, except when the retention of additional copies is required by federal
law or regulation, provided those documents are properly marked and secured.
IT IS SO ORDERED.

s/ Francis M. Allegra
Francis M. Allegra
Judge

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(Attachment A)

In The United States Court of Federal Claims
No. 13-794C
__________
PARRA CONSULTING GROUP, INC.,
Plaintiff,
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 only] 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 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 been found to have violated a protective order issued by any
administrative or judicial tribunal:
___________________________________
___________________________________
___________________________________
8.
I [inside counsel only] 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
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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 Number
______________________________
Fax Number
______________________________
Signature of Attorney of Record

__________________________
Date Executed

______________________________
Typed Name and Title
______________________________
Telephone Number
______________________________
Fax Number

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(Attachment B)

In The United States Court of Federal Claims
No. 13-794C
__________
PARRA CONSULTING GROUP, INC.,
Plaintiff,
v.
THE UNITED STATES,
Defendant.
APPLICATION FOR ACCESS TO INFORMATION UNDER
PROTECTIVE ORDER BY EXPERT CONSULTANT OR WITNESS
1.
I, the undersigned, am a________________________with ________________________
and hereby apply for access to Protected Information covered by the Protective Order issued in
connection with this proceeding.
2.
I have been retained by ____________________________ and will, under the direction
and control of ________________________________, assist in the representation of
_____________________________ in this proceeding.
3.
I hereby certify that 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 any party to
this proceeding or any other firm that might gain a competitive advantage from access to the
information disclosed under the protective order. Neither I nor my employer provides advice or
participates in any decisions of such parties in matters involving similar or corresponding
information about a competitor. This means, for example, that neither I nor my employer
provides advice concerning, or participates 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 protective materials
could provide a competitive advantage.
4.
My professional relationship with the party for whom I am retained in this proceeding
and its personnel is strictly as a consultant on issues relevant to the proceeding. Neither I, nor
any member of my immediate family holds office or a management position in any company that
is a party in this proceeding or in any competitor or potential competitor of a party.
5.

I have attached the following information:

a.

a current resume describing my education and employment experience to
date;

b.

a list of all clients for whom I have performed work within the two years
prior to the date of this application and a brief description of the work
performed;

c.

a list of all clients for whom I have performed work within the two years
prior to the date of this application and for whom the use of protected
material could provide a competitive advantage and a brief description of
the work performed;

d.

a statement of the services I am expected to perform in connection with
this proceeding;

e.

a description of the financial interests that I, my spouse, and/or my family,
has in any entity that is an interested party in this proceeding or whose
Protected Information will be reviewed; if none, I have so stated;

f.

a list identifying by name of forum, case number, date, and circumstances
all instances in which I have been granted admission or been denied
admission to a protective order, had a protective order admission revoked,
or have been found to have violated a protective order issued by an
administrative or judicial tribunal; if none, I have so stated; and

g.

a list of the professional associations to which I belong, including my
identification numbers.

6.
I have read a copy of the Protective Order issued by the Court in this proceeding. I will
comply in all respects with all terms and conditions of that order in handling any Protected
Information produced in connection with the proceeding. I will not disclose any Protected
Information to any individual who has not been admitted under the Protective Order by the court.
7.
For a period of two years after the date this application is granted, I will not engage or
assist in the preparation of a proposal to be submitted to any agency of the United States
government for _________________________ when I know or have reason to know that any
party to this proceeding, or any successor entity, will be a competitor, subcontractor or teaming
member.
8.
For a period of two years after the date this application is granted, I will not engage or
assist in the preparation of a proposal or submission to __________________________ nor will
I have any personal involvement in any such activity.
9.
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.
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***
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 Number
__________________________
Fax Number

__________________________
Signature of Attorney of Record

_______________________
Date Executed

______________________
Typed Name and Title
______________________
Telephone Number
______________________
Fax Number

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