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Nano Gas Systems Corporation v. Curators of University of Missouri

United States District Court, D. Colorado

January 21, 2014

NANO GAS SYSTEMS CORPORATION, a Nevada corporation, DIANE HICKERSON, an Individual, ALVA HICKERSON, an Individual, and DAVID A. MELMAN, an Individual, Plaintiffs,
THE CURATORS OF THE UNIVERSITY OF MISSOURI, a public Corporation of the State of Missouri, GALEN SUPPES, an Individual, and CHRIS FENDER, an Individual. Defendants.


KRISTEN L. MIX, Magistrate Judge.

The parties agree and the Court so orders:

1. The parties expect to produce certain documents that contain confidential and proprietary information ("Confidential Documents") that are not available for dissemination to the general public. These documents may include, but are not limited to, information concerning technological advancements and studies performed by the parties. The disclosure or release of this information to anyone and particularly to competitors would undermine the parties' competitive position, and could result in immediate and severe financial hardship. Accordingly, the parties have agreed that this Protective Order may be entered by the Court for the purpose of protecting from certain disclosure those Documents.

2. The parties shall designate the Confidential Documents as confidential by typing, stamping, or otherwise affixing the word "CONFIDENTIAL" on such documents. Typing, stamping, or otherwise affixing the word "CONFIDENTIAL" on the first page of a multi-page document, or the first page of a collection of documents that are bound or attached together in any manner, shall have the effect of designating the entirety of the document as confidential. In the case of information not readily subject to page marking, a party may clearly designate in writing at the time of disclosure that such materials are "CONFIDENTIAL."

3. The portions of the Confidential Documents that the parties agree to produce may be produced with redaction of non-responsive and privileged information. Production of documents shall not be construed as an admission that they are relevant or admissible for purposes of trial or ruling on any dispositive motions.

4. Each party and all persons bound by the terms of this Protective Order shall use any properly designated Confidential Information provided to them pursuant to this Protective Order only for the purpose of prosecution or defense of this action, not for any other purpose or in any other action. Insofar as this Protective Order restricts the communication and use of the documents produced in this case, the parties (and any person who agrees to be bound hereunder) agree that they will abide by such orders after the conclusion of this litigation.

5. Except with prior written consent from the producing party, their counsel of record, or the Court, Confidential Documents, or any information contained in Confidential Documents, may not be disclosed to any person other than the following:

a. The United States District Court for the District of Colorado and any court having jurisdiction of any appeal of this case, as well as the Court's staff and such employees of the Clerk of the Court as directed by the Clerk or the presiding judge, KLM Provided, however, that such documents are marked Confidential pursuant to this Order and filed as a document restricted by court order pursuant to D.C.Colo.L.Civ.R. 7.2. Confidential documents shall not be filed with the Court except when required in connection with matters pending before the Court. This paragraph shall not be interpreted to allow for the public filing of any documents containing confidential information;

b. The parties, the parties' counsel of record, and said counsel's partners, associates, paralegals, secretaries, and other office staff who have direct functional responsibility in representing the parties in this matter;

c. Any mediator or a settlement conference judge assigned or retained to mediate this litigation;

d. Consultants and experts retained for the purpose of assisting the parties in preparation and trial of this matter; and

e. Actual or potential trial or deposition witnesses in this matter, and the witnesses' counsel, if CONFIDENTIAL information is reasonably necessary and related to their anticipated testimony, provided that they are provided with a copy of this Protective Order and agree to be bound by its terms.

6. Any person (other than the Court or its employees) to whom these documents are to be disclosed shall first be advised by counsel making the disclosure that these documents are subject to this Protective Order, and any such person shall be given a copy of this Protective Order and instructed that they are bound by it. In the event that such person does not agree to be bound by the terms of this Protective Order, such person shall not be given the Confidential Documents.

7. Each individual who receives any Protected Information agrees to subject himself or herself to the jurisdiction of this Court for the purpose of any proceedings relating to the performance under, ...

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