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Golden Rule Fasteners, Inc. v. The Neverleak Company, LP

United States District Court, N.D. Mississippi

September 19, 2018

GOLDEN RULE FASTENERS INC., Plaintiffs,
v.
THE NEVERLEAK COMPANY, LP., Defendant.

          ERIK S. HENINGER JAMES F. MCDONOUGH, III ATTORNEYS FOR PLAINTIFFS

          J. CAL MAYO, JR. (MB No. 8492) KATE M. EMBRY (MB No. 102731) ATTORNEYS FOR DEFENDANT

          PROTECTIVE ORDER

          JANE M. VIRDEN U.S. MAGISTRATE JUDGE

         WHEREAS, Plaintiff GOLDEN RULE FASTENERS INC. (hereinafter, “Golden Rule”) and Defendant THE NEVERLEAK COMPANY, LP (hereinafter, “Neverleak”) (hereinafter all together the “Parties”) believe that certain information produced by the Parties in this Action involves the production or disclosure of trade secrets, confidential business information, or other proprietary information; WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance with Federal Rule of Civil Procedure 26(c):

         THEREFORE, it is hereby stipulated among the Parties and ORDERED that:

         1. Each Party may designate as confidential for protection under this Order, in whole or in part, any document, electronically stored information, or thing that constitutes or includes, in whole or in part, confidential or proprietary information or trade secrets of the Party or a Third Party to whom the Party reasonably believes it owes an obligation of confidentiality with respect to such document, information or material (“Protected Material”).

         2. Limited Use of Protected Material.

         Documents, electronically stored information, or things produced in this Action, including but not limited to Protected Material designated “CONFIDENTIAL” or “RESTRICTED - ATTORNEYS' EYES ONLY” (“DESIGNATED MATERIAL[1]”), shall be used by the Parties only in the litigation of this Action and shall not be used for any other purpose. Any person or entity who obtains access to DESIGNATED MATERIAL or the contents thereof pursuant to this Order shall not make any copies, duplicates, extracts, summaries or descriptions of such DESIGNATED MATERIAL or any portion thereof except as may be reasonably necessary in the litigation of this Action. Any such copies, duplicates, extracts, summaries or descriptions shall be classified DESIGNATED MATERIALS and subject to all of the terms and conditions of this Order.

         3. Limited Access to Protected Material.

         There shall be no disclosure of any DESIGNATED MATERIAL by any person authorized to have access thereto to any person who is not authorized for such access under this Order. The Parties are hereby ORDERED to safeguard all such documents, information and material to protect against disclosure to any unauthorized persons or entities.

         4. Undertaking.

         Each person to whom DESIGNATED MATERIAL is disclosed in accordance with the terms of this Order shall be advised by counsel of the terms of this Order, shall be informed that he or she is subject to the terms and conditions of this Order, and shall sign an acknowledgment that he or she has received a copy of, has read, and has agreed to be bound by this Order. A copy of the acknowledgment form is attached as Appendix A.

         5. Violations of Protective Order.

         Any Party knowing or reasonably believing that any other party is in violation of or intends to violate this Order and who has raised the question of violation or potential violation with the opposing party and has been unable to resolve the matter by agreement, may move the Court for such relief as may be appropriate. Pending disposition of the motion by the Court, the Party alleged to be in violation of or intending to violate this Order shall discontinue the performance of and/or shall not undertake the further performance of any action alleged to constitute a violation of this Order.

         6. Treatment of Designated Material Before Entry of Protective Order.

         Any document, electronically stored information, or thing produced before issuance of this Order with the designation “CONFIDENTIAL” or “RESTRICTED -ATTORNEYS' EYES ONLY” shall receive the same treatment as if so designated under this Order, unless and until such document is redesignated to have a different classification under this Order.

         7. Scope of Protective Order.

         With respect to documents, electronically stored information or things designated “CONFIDENTIAL” or “RESTRICTED -ATTORNEYS' EYES ONLY” subject to the provisions herein and unless otherwise stated, this Order governs, without limitation: (a) all documents, electronically stored information, and/or things as defined by the Federal Rules of Civil Procedure; (b) all pretrial, hearing or deposition testimony, or documents marked as exhibits or for identification in depositions and hearings; (c) motions, exhibits to such motions and other court filings; (d) affidavits; and (e) stipulations. All copies, reproductions, extracts, digests and complete or partial summaries prepared from any DESIGNATED MATERIALS shall also be considered DESIGNATED MATERIAL and treated as such under this Order.

         8. Manner of Designations.

         Protected Material shall be designated by the Party producing it by affixing a legend or stamp on such document, information or material as follows: “CONFIDENTIAL” or “RESTRICTED - ATTORNEYS' EYES ONLY.” These designations shall be placed clearly on each page of the Protected Material (except deposition and hearing transcripts) for which such protection is sought. If only a portion of the material on a page qualifies for protection, the designating party shall clearly identify the protected portion and specify for each portion the level of protection being asserted. For deposition and hearing transcripts, the word “CONFIDENTIAL” or “RESTRICTED - ATTORNEYS' EYES ONLY” shall be placed on the cover page of the transcript (if not already present on the cover page of the transcript when received from the court reporter) by each attorney receiving a copy of the transcript after that attorney receives notice of the designation of some or all of that transcript as “CONFIDENTIAL” or “RESTRICTED - ATTORNEYS' EYES ONLY.”

         9. Timing ...


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