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Probst v. Innocor Foam Technologies, LLC

United States District Court, N.D. Mississippi, Oxford Division

December 4, 2019

KENNETH W. PROBST PLAINTIFF
v.
INNOCOR FOAM TECHNOLOGIES, LLC DEFENDANT

          S. RAY HILL, III (MB NO. 100088) Attorney for Plaintiff.

          J. CAL MAYO, JR. (MB NO. 8492) BOBBI BRITTON TUCKER (pro hac vice) Attorneys for Defendant.

          AGREED PROTECTIVE ORDER

          JANE M. VIRDEN, UNITED STATES MAGISTRATE JUDGE.

         The terms of this Protective Order shall apply to and shall govern all documents, tangible things, disclosures, discovery responses and testimony designated by the disclosing party as constituting or containing confidential information:

         1. During the discovery process, the parties may produce or disclose certain documents that consist of or include sensitive, confidential, private or proprietary information. The party producing these documents shall designate them as confidential by stamping the copies produced as “Confidential” or otherwise notifying the parties of the intent to designate documents or things as Confidential.

         2. A deposition containing confidential information will be designated as “Confidential - Subject To Court Order” both on the record and by the court reporter on any transcript. The existence of Confidential Information in a part of a deposition shall not render the other parts of the deposition (nor the entire deposition) Confidential, unless so designated.

         3. A party may only use information designated as “Confidential” by another party to prosecute, defend or settle this action and for no other purpose.

         4. A party shall only designate documents or testimony as “Confidential” or as containing confidential information if, in good faith, that party believes the documents or testimony (i) may consist of or may be deemed to consist of or include sensitive, confidential, private or proprietary information, or (ii) are otherwise protected from disclosure under the applicable law or the Federal Rules of Civil Procedure.

         5. Any other party may challenge the designation of any particular document or testimony as “Confidential” or as containing confidential information by filing a motion, after complying with Section 6(F) of the Case Management Order, challenging the designation. The failure to file such a motion shall not be deemed an admission that any document designated as such is “Confidential” contains confidential information. During the pendency of the challenge to the designation, the parties shall treat the challenged material as “Confidential” or as containing confidential information within the terms of this Order unless and until the Court rules that the information is not subject to this Order. The party who designated the challenged material as “Confidential” shall have the burden to establish that the designation is proper.

         6. Information designated as “Confidential” may be disclosed or made available only to this Court, to legal counsel for the parties (including the paralegal, clerical, litigation support vendors, and secretarial staff employed by plaintiffs' and defendants' inside and outside counsel) and to the “qualified persons” designated below:

(a) the parties;
(b) experts or consultants (together with their clerical staff) retained by counsel to assist in the prosecution, defense or settlement of this action;
(c) court reporters employed in this action;
(d) a witness at any deposition or other proceeding in this ...

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