United States District Court, D. Colorado
COMMNET WIRELESS, LLC, a Delaware limited liability company and ATLANTIC TELE-NETWORK, INC., a Delaware corporation, Plaintiffs,
BENNING POWER ELECTRONICS, INC., a Texas corporation, and BENNING ELEKTROTECHNIK UND ELEKTRONIK GMBH & CO. KG, a foreign limited liability company, Defendants.
WILSON ELSER MOSKOWITZ EDELMAN & DICKER Henry L. Solano, Attorney for Defendants
COZEN O'CONNOR Brad W. Breslau Attorneys for Plaintiffs
STIPULATED MOTION FOR PROTECTIVE ORDER
JOHN L. KANE SENIOR U.S. DISTRICT COURT JUDGE
Plaintiffs Commnet Wireless, LLC, a Delaware limited liability company, and Atlantic Tele-Network, Inc., a Delaware corporation, and Defendants Benning Power Electronics, Inc., a Texas corporation, and Benning Elektronik Und Elektronik GMBH & Co. KG, a foreign limited liability company, (“collectively “the Parties”) through their respective counsel, stipulate and move the Court for a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure concerning the treatment of Confidential Information (as hereinafter defined), and, as grounds therefore, state as follows:
1. In this action, at least one of the Parties has sought and/or is seeking Confidential Information (as defined in paragraph 2 below). The Parties may seek additional Confidential Information during discovery and there may be questioning concerning Confidential Information in the course of further 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 as well as attorney-client privilege. The Parties have entered into this Stipulation and request the Court enter the within Protective Order for the purpose of preventing the disclosure and use of Confidential Information except as set forth herein.
2. “Confidential Information” means those documents the designating party believes are protected by the Federal Rules of Civil Procedure as provided in Rule 26 and designated by one of the Parties in the manner provided in paragraph 3 below, the disclosure of which the designating party believes may cause harm to the designating party.
3. Where Confidential Information is produced, provided, or otherwise disclosed by a Party in response to any discovery request, it will be designated in one of the following manners:
a. By imprinting the word “Confidential” on the first page or cover of any document produced, accompanied by a reference to the ranges of bates numbered pages to which that designation refers;
b. By imprinting the word “Confidential” next to or above any response to a discovery request; and
c. With respect to transcribed testimony, by giving written notice to opposing counsel designating such portions as “Confidential” no later than ten calendar days after receipt of the transcribed testimony.
4. All Confidential Information provided by a Party shall be subject to the following restrictions:
a. It shall be used only for the purpose of this litigation and not for any other purpose whatsoever;
b. It shall not be communicated or disclosed by any Party’s counsel or a Party in any manner, either directly or indirectly, to anyone except for purposes of this case and unless an affidavit in the form of Exhibit A has been signed, provided, however, that there shall be no requirement to obtain an affidavit for those persons identified in paragraphs 7.a., 7.b., 7.c., 7.d and 7.e. of this Stipulation and Protective Order.
5. Individuals authorized to review Confidential Information pursuant to this Protective Order shall hold Confidential Information in confidence and shall not divulge the Confidential Information, either verbally or in writing, to any other person, ...