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Monitronics International, INC. v. ADT LLC

United States District Court, D. Colorado

February 3, 2016

ADT LLC, Respondent.

(Related Case No. 9:14-cv-81589, pending in U.S. District Court, Southern Distric of Florida

Margaret J. Carlson Margaret J. Carlson Culp & Dyer, L.L.P. Attorneys for Movant

Kali Backer Kali R. Backer Shook, Hardy & Bacon L.L.P. Attorney for Respondent


Nina Y. Wang United States Magistrate Judge

Comes now for consideration the Agreed Protective Order (“Order”) between Movant, Monitronics International, Inc. (“Monitronics”) and Respondent ADT LLC (“ADT”) (Monitronics and ADT are collectively referred to herein as the “Parties”). ADT brought s uit in the United States District Court for the Southern District of Florida against Teamtronics, Inc. (“Teamtronics”), Alarm Direct Incorporated (“Alarm Direct”), A Securitiy Inc. (“A Security”), Tommy Nguyen (“Nguyen”), D ino Geracci (“Geracci”), Advanced Design Technology Systems, Inc. (“ADTS”), Total Connect Solutions, LLC (“Total Connect”) and Kevin Stephens (“Stephens”), Case No. 9:14-cv-81589 (the “F lor ida Proceeding”) pursuant to which a third party subpoena was served on Movant Monitronics (the “Subpoena”). The Subpoena requires compliance by Monitronics in this Court, therefore, pursuant to FRCP 45(d), jurisdiction and venue properly restin this Court. The Court finds that certain information, documents, and things to be produced in discovery pursuant to that subpoena should be kept confidential in order to protect Monitronics’ legitima t e business interests and privacy rights, and those of third -parties and the Court is therefore of the opinion that the following Order should be entered:

NOW, THEREFORE, IT IS HEREBY ORDERED that all Confidential Information s ha ll be treated as follows:

1. “Good cause” is shown for the need of t his Order in that the subject matter of the documents to be dis c los e d pursuant to the Subpoena involves customer lis t s, trade secrets, proprietary and other confidential material of Monitronics. To protect the customer lists, trade secrets, proprietary and Confidential Information (as defined herein) of Monitronics, this Order is required.

1. “Confidential Information” s ha ll mean any and a ll information d is c los e d w h ic h Monitronics contends should be protected from disclosure pursuant to this Order that is designated by Monitronics, after good faith review and certification by counsel of record, as information that is maintained confidentially and is not publicly available, such as: (a) information prohibited from disclosure by statute; (b) information that reveals trade secrets (i.e., any formula, pattern, device or c ompila t ion of information w hic h is used in one’s business, and w hic h gives an opportunity to obtain an advantage over competitors who do not know or use such material); (c) research, technical, commercial or financial information that the party has maintained as confidential; and (d) competitive information that is maintained confidentially, such as customer lists and confidential contracts. Information or documents that are a va ila ble to the public ma y not be designated as Confidential Information.

2. “Attorneys’ Eyes Only Documents” shall mean any confidential document, material or thing produced by Monitronics which it contends contains Confidential Information of a nature requiring extraordinary protection and which Monitronics believes should not be in the physical possession of an opposing party to t his action or the Florida Proceeding. Monitronics may designate sensitive documents “Attorneys’ Eyes Only” containing Confidential Information as defined above, in the reasonable exercise of it s s ole discretion; provided, however, by agreeing to this Order, no party waives the right to challenge Monitronics’ designation of any documents as “Attorneys’ Eyes Only.”

3. As used in t his Order, “Legend” s ha ll mean a large, bold stamped or s imila r ins ig nia stating “ATTORNEYS’ EYES ONLY.” When any document is designated “Attorneys’ Eyes Only” pursuant to t his Order, the Legend shall be affixed to the cover of such document and all pages containing information for which the Producing Party seeks protection. Any documents produced by Monitronics as an Excel spreadsheet may be designated as “Attorneys’ Eyes Only” by including “ATTORNEYS’ EYES ONLY” in the electronic file name of the Excel spreadsheet.

4. Monitronics may designate any document or portion thereof “ATTORNEYS’ EYES ONLY” pursuant to this Order by affixing the Legend as provided under Paragraph 4 to any appropriate document.

5. Attorneys’ Eyes Only Documents, and any summaries, charts or notes made therefrom, and any facts or information contained therein or derived therefrom, shall be disclosed only to the Court in t h is action or the Court in the Florida Proceeding under seal pursuant to the Rules that govern the restriction of documents, including but not limited to D.C.COLO.LCiv 7.2 and/or to: (a) litigation counsel of record for the parties to this action and the Florid a proceeding and such counsel’s employees, paralegals, or other secretarial and clerical employees and agents; (b) persons who prepared or assisted in the preparation of such documents or material, or to whom the documents or copies thereof were addressed or delivered, but only to the extent that such disclosure is necessary for the conduct of litigation; (c) outside independent economic, technical, accounting, legal and jury consultants retained by counsel for the receiving party for assistance in the preparation, prosecution, or trial of the Florida proceeding; (d) any ADT information technology employees who are necessary to compare any Monitronics customer lis t s with ADT customer lists; and (e) stenographic reporters who are involved in depositions, the trial, or any hearings or proceedings before the court in the Florida Proceeding. Attorneys’ Eyes Only Documents may be disclosed to the authorized persons listed in (a) - (e) only after such persons have been shown a copy of this Order and have been advised of the terms and operation of this Order, and agree to be bound by the terms of t h is Order in the form attached hereto as Exhibit A. However, Monitronics may disclose such Attorneys’ Eyes Only Documents to any person(s), with or without any conditions to such disclosure, as it deems appropriate. Nothing in this Order will be construed as an Order by this court to require restriction of any information or document.

6. Attorneys’ Eyes Only Documents revealed during a deposition, if designation of a transcript or any portion thereof, including exhibits, is made by a statement by the witness or his counsel to that effect on the record, or is otherwise ma de before the stenographer transcribing such deposition has disseminated to counsel for the parties the transcript of the deposition, the stenographer s ha ll affix the appropriate Legend to the cover page and all appropriate pages of the transcript and to each copy thereof.

7. All copies of any Attorneys’ Eyes Only Documents sh all be treated as provided in this Order. Any person making, or causing to be made, copies of any such documents shall make certain that each such copy bears the ...

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