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Case 1:05-cv-01119-SGB Document 49 Filed 09/27/2007 Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ROCCO TOMMASEO, and
THOMAS TOMMASEO, and
ROCKY AND CARLO, INC., and
STEVEN BORDELON, husband of,
and CYNTHIA BORDELON and,
STEVE’S MOBILE HOME & R.V. REPAIR,
INC.


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UNITED STATES OF AMERICA,

Plaintiffs,

v.

Defendant.

No. 05-1119L

Hon. Susan G. Braden

DEFENDANT’S RULE 60(a) MOTION TO AMEND THE COURT’S ORDER OF

SEPTEMBER 17, 2007

______________________________________________________________________________

Now comes defendant, United States, pursuant to Rule 60(a) of the Rules of the Court of

Federal Claims (“RCFC”), and respectfully requests the Court to modify its Order of September

17, 2007.

RCFC 60(a) allows the Court to modify its orders to correct clerical mistakes and errors

arising from oversight or omission. The Court may make such corrections sua sponte or upon

the motion of a party. RCFC 60(a).

Pursuant to the Court’s request during the September 13, 2007 telephonic status

conference, defendant submitted the following documents to the Court and opposing counsel:

1.

The United States Document Production Protocol currently in place in the
In Re Katrina Canal Breaches Litigation, Case No. 05-4182 (Duval, J.)
(Wilkinson, Mag.) ongoing in the Eastern District of Louisiana.

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Case 1:05-cv-01119-SGB Document 49 Filed 09/27/2007 Page 2 of 3

2.

3.

4.

5.

A “clawback agreement” entered in the In Re Katrina Canal Breaches
Litigation.

The Amended Master Protective Order which has been entered in the In
Re Katrina Canal Breaches Litigation.

The Master Protective Order which was superseded by the Amended
Master Protective Order in the In Re Katrina Canal Breaches Litigation.

The Guidelines for Review and Selection of Federal Records, which has
been filed in the In Re Katrina Canal Breaches Litigation.

On September 17, 2007, the Court entered a Protocol Order giving effect to the following as

orders in this matter: 1) the United States Document Production Protocol; 2) the clawback

agreement; 3) the Master Protective Order; and 4) the Guidelines for Review and Selection of

Federal Records. Docket No. 48.

Defendant respectfully requests two clerical changes to the Court’s September 17, 2007

Order.

First, defendant respectfully requests that the first sentence of the second paragraph of the

September 17, 2007 Order be amended to read: “The Government is also hereby ORDERED to

provide Plaintiffs with an index of the documents under control of the United States in the

Review and Select repository, subject to In Re Katrina Canal Breaches Litigation, under seal.”

(changes underlined). This change merely pluralizes the word plaintiff and adds the correct

name for the document repository that has been created in connection with the In Re Katrina

Canal Breaches Litigation.

Second, defendant respectfully requests that subparagraph 3 be amended to read: “3. The

Amended Master Protective Order, entered in the In Re Katrina Canal Breaches Litigation; and.”

(change underlined). In comparison to the Master Protective Order adopted in the September 17,

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Case 1:05-cv-01119-SGB Document 49 Filed 09/27/2007 Page 3 of 3

2007 Order, the Amended Master Protective Order merely covers an additional category of

confidential documents relating to copyrighted information. A copy of the Amended Master

Protective Order was provided to the Court on September 13, 2007 and defendant will provide

an additional copy if the Court so desires.

If the Court so desires, Defendant will provide an electronic copy of a proposed amended

Protocol Order reflecting the above changes.

WHEREFORE, defendant respectfully requests that the Court’s September 17, 2007 Order be

amended as detailed above.

Respectfully submitted,

RONALD J. TENPAS
Acting Assistant Attorney General

s/ Fred R. Disheroon by Mark T. Romley
Fred Disheroon
United States Department of Justice
Environment and Natural Resources Division
Natural Resources Section
P. O. Box 663
Washington, D.C. 20044-0663
Telephone: (202) 616-9649
Facsimile: (202) 353-0506

Counsel for Defendant



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