FOR THE EASTERN DISTRICT OF VIRGINIA
Plaintiff, United States of America ("United States"), and Defendant, Smithfield Foods, Inc. ("Smithfield"), respectfully move this Court, pursuant to Federal Rules of Civil Procedure 7(b) and 26(c)and Local Civil Rules 5(C) and 7, for entry of the attached Stipulated Protective Order limiting the use and disposition of certain information and documents. Discovery in this action may yield documents and information of a sensitive and confidential nature, including business, commercial, financial, and trade secret information of Smithfield, its subsidiaries, and third parties to this action. Further, some of the documents and information submitted by Smithfield or third parties, in the course of the United States's pre-complaint investigation or in jurisdictional discovery in the transferor court, may also contain sensitive and confidential information. As a result, the United States and Smithfield have agreed to the attached proposed Stipulated Protective Order and request that the Court enter it in this case.
Pursuant to Local Civil Rule 7(F), this joint motion is accompanied by a written brief setting forth a concise statement of the facts and supporting reasons, along with a citation of the authorities upon which the parties rely.
Statement of Compliance with Local Civil Rule 37(E)
Pursuant to Local Civil Rule 37(E), counsel for the United States and counsel for Smithfield discussed this motion by telephone on September 13, 17, and 24, 2004 and resolved in good faith all areas in controversy. Accordingly, the parties agreed to jointly move for entry of this proposed Stipulated Protective Order.