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TriZetto Corp. v. HealthEdge Software, Inc.

United States District Court, D. Colorado

November 25, 2015

TRIZETTO CORPORATION, a Delaware corporation, Plaintiff,
v.
HEALTHEDGE SOFTWARE, INC., a Delaware corporation, Defendant.

Gianni Cutri KIRKLAND & ELLIS LLP, Michael De Vries KIRKLAND & ELLIS LLP Michael De Vries KIRKLAND & ELLIS LLP Attorneys for Plaintiff TriZetto Corporation

John R. Posthumus George T. Scott Robert D. Carroll GOODWIN PROCTER LLP Attorneys for Defendant HealthEdge Software, Inc.

AGREED PROTECTIVE ORDER

MICHAEL E. HEGARTY UNITED STATES MAGISTRATE JUDGE

WHEREAS, disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted.

Accordingly, Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, IT IS HEREBY AGREED by the parties through their respective counsel of record that:

1. In connection with discovery and other proceedings in this action, the parties may designate any document, thing, material, testimony, or other information derived therefrom (whether by document, by deposition testimony, by interrogatory answer, request to admit or in any Motion, pleading, affidavit, declaration, brief or other document submitted to this Court or otherwise), as Protected Material under the terms of this Protective Order (hereinafter “Order”).

Protected Material is any material that is designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” 2. “CONFIDENTIAL” material is any so-designated document, thing, material, testimony, or other derived information that is, includes, or constitutes information which the producing party has a good faith basis for contending is a non-public highly competitive trade secret, customer or business information, or similarly confidential and sensitive technical, scientific, commercial, business, or financial information, or future business or marketing plans or strategy.

3. “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” material is any so-designated document, thing, material, testimony, or other derived information that is, includes, or constitutes extremely sensitive information which the producing party has a good faith basis for contending that the disclosure of such to another party or non-party would create a substantial risk of serious harm that could not be avoided by less restrictive means.

4. Documents, things, or other tangible materials to be designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” shall be designated as such by stamping on each page of the copies of the document or thing produced to a party with the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” or by otherwise affixing to the thing produced a label with such designation. Where only portions of a document or interrogatory answer are claimed to be Protected Material, the producing party shall designate the parts of said materials for which “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” treatment is claimed, and only those portions shall be subject to this Order. The failure of a party to designate in the first instance material as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” shall not preclude that party from subsequently designating the material as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY.”

5. Testimony taken at a deposition, conference, hearing or trial may be designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” by a statement by an attorney of one of the parties to that effect on the record at the deposition or other proceeding, or by written notice to the opposing party within fourteen (14) days of receipt of a transcript thereof. If such designation is made during the course of a deposition, counsel for a party or the witness may request all persons, except persons entitled to receive such information pursuant to this Order and the stenographer, to leave the room where the deposition or testimony is proceeding until completion of the answer or answers containing such Protected Material and the reporter shall then separately transcribe those portions of the testimony so designated and shall mark the face, and if possible, each page of the transcript with the appropriate designation and seal it in a separate envelope. The failure of a party to designate in the first instance testimony as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -ATTORNEYS’ EYES ONLY” shall not preclude that party from subsequently designating the testimony as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY, ” provided that the designation is made within the fourteen (14) day period set forth above. No party shall disclose in any manner, testimony information, whether designated as Protected Material or not, prior to five (5) days after receipt of the transcript thereof. The designation of testimony as Protected Material may be “temporary, ” with such designation being removed by the designating party as the circumstances may thereafter dictate. Arrangements shall be made with the court reporter taking and transcribing such proceeding to separately bind such portions of the transcript containing information designated as Protected Material, and to label such portions appropriately.

6. Documents, things, material, testimony, or other derived information designated as Protected Material under this Order, the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from such Protected Material shall be used only for the purpose of the prosecution, defense, or settlement of this action, and not for any business or other purpose whatever, unless under legal compulsion in connection with a court case or other governmental administrative proceeding. In such event, the party from whom production is sought will promptly advise the designating party of such legal compulsion and both parties agree to cooperate in a good faith attempt to protect such Protected Material, be it through objections, motion to quash, protective order or otherwise.

7. Unless otherwise ordered by the court or permitted in writing by the designating party, a receiving party may only disclose any information or item designated “CONFIDENTIAL” to:

(i) This Court and any court to which an appeal in this action might lie, and the “support personnel” of each such Court, as well as trial jurors;
(ii) The outside counsel of record in this action and their associate attorneys and their “support personnel” whose ...

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