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Musclepharm Corp. v. Liberty Insurance Underwriters, Inc.

United States District Court, D. Colorado

November 19, 2015

MUSCLEPHARM CORPORATION, Plaintiff,
v.
LIBERTY INSURANCE UNDERWRITERS, INC., Defendant.

ORDER PROTECTING CONFIDENTIALITY OF DOCUMENTS AND INFORMATION

Kathleen M. Tafoya United States Magistrate Judge

The Court, having reviewed the parties' Stipulated Motion for Order Protecting Confidentiality of Documents and Information (the “Stipulated Motion”), being fully advised in the premises, and good cause appearing therefor, hereby orders that the Stipulated Motion is GRANTED, and enters the following Order Protecting Confidentiality of Documents and Information (“Protective Order”) on the terms set forth below:

1. In this action, the Plaintiff and the Defendant (collectively, the “Parties”) anticipate producing and seeking production of CONFIDENTIAL INFORMATION (as defined in Paragraph 3 below) during discovery and that there will be questioning concerning CONFIDENTIAL INFORMATION in the course of depositions. The Parties assert the disclosure of such information outside the scope of this litigation could result in significant injury to one or more of the Parties’ business or privacy interests. The Court enters the Protective Order for the purpose of facilitating open discovery while preventing the disclosure and use of CONFIDENTIAL INFORMATION except as set forth herein.

SCOPE:

2. This Protective Order governs the handling of all documents (within the meaning of Rule 34 of the Federal Rules of Civil Procedure), answers to interrogatories, testimony and all other information, including copies, excerpts, and summaries thereof produced in this action.

DEFINITIONS:

3. For purposes of this Protective Order, “CONFIDENTIAL INFORMATION” means any business, financial, personal and proprietary information that is not generally known to the public and that the "Producing Party" would normally maintain in confidence and not reveal to the general public. Any information that is derived from CONFIDENTIAL INFORMATION also constitutes CONFIDENTIAL INFORMATION to the extent the derived information embodies, contains, or discloses any CONFIDENTIAL INFORMATION. The attorneys each agree not to designate material as “CONFIDENTIAL INFORMATION” unless he or she is satisfied that they can demonstrate good faith reasons for treating the information in this fashion.

4. For purposes of this Protective Order, "Producing Party" means a party to this action or any non-party on behalf of which information is furnished or produced during the course of this action.

5. For purposes of this Protective Order, “Receiving Party" means a party to this action or any non-party to which information is furnished or produced during the course of this action.

6. The term "documents" shall have the same meaning as set forth in Rule 34(a)(1) of the Federal Rules of Civil Procedure.

DESIGNATION OF INFORMATION:

7. CONFIDENTIAL INFORMATION shall be designated as follows:

(a) Any Producing Party may stamp documents “CONFIDENTIAL” prior to production in this action.

(b) In the case of interrogatory answers, designation shall be made by starting a new page at the beginning of any answer containing CONFIDENTIAL INFORMATION and placing a legend of “CONFIDENTIAL” on that page and each following page until the end of any such answer or answers which are deemed so designated. Following the end of an answer or answers containing CONFIDENTIAL INFORMATION, a new page shall be started.

(c) In the case of depositions, designation of the portion of the transcript, including exhibits, which contains CONFIDENTIAL INFORMATION, may be made by a statement to such effect on the record during the course of the deposition. When the designation is made during the course of the deposition, the reporter attending such deposition shall thereafter bind the transcript in separate portions containing the non-confidential material and the CONFIDENTIAL INFORMATION and the reporter shall place the appropriate legend on the cover of the CONFIDENTIAL portions of the transcript. Portions of deposition transcripts may also be designated as CONFIDENTIAL within 21 days after receipt of the transcript by counsel for the person whose CONFIDENTIAL INFORMATION was disclosed at the depositions by serving on all other parties to the action a letter designating by page and line number the portion or portions of the deposition transcript containing CONFIDENTIAL INFORMATION.

Until the 21-day period has expired, the full deposition testimony and transcript shall be treated in its entirety as CONFIDENTIAL INFORMATION covered by the Protective Order.

8. If any transcripts of depositions, answers to interrogatories, motions, briefs or other pleadings that are to be filed with the Court (a “Filing”) include CONFIDENTIAL INFORMATION, such pleadings or other papers shall be filed under seal with the Clerk of the Court in appropriate folders that are sealed and endorsed with a legend: “Confidential - Not to be Opened Except by Authority of the Court.” For purposes of use at trial, the parties shall remove the “CONFIDENTIAL” labels from the CONFIDENTIAL INFORMATION; provided, however, that those materials shall not thereby lose their status as CONFIDENTIAL INFORMATION.

9. Designation of any documents, things, or information as CONFIDENTIAL INFORMATION renders confidential any originals, copies, excerpts, summaries, quotations or paraphrases of such materials by the Receiving Party.

10. All material which is designated by the Producing Party as containing or comprising CONFIDENTIAL INFORMATION shall be maintained in confidence according to the terms of this Protective Order by the Receiving Party and used solely in ...


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