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Kyland Technology co. v. Kyland-USA, LLC

United States District Court, D. Colorado

February 4, 2016

KYLAND TECHNOLOGY CO., LTD., a Chinese limited partnership, Plaintiffs and Counter-Defendant,
v.
KYLAND-USA, LLC, a Missouri limited liability company, Defendant and Counter-Plaintiff. KYLAND CORPORATION, a Colorado corporation, Plaintiff and Counter-Defendant,

STIPULATED PROTECTIVE ORDER

KATHLEEN M. LATOYA UNITED STATES MAGISTRATE JUDGE

The Court, upon joint motion of Plaintiffs and Counter-Defendants Kyland Technology Co., Ltd. and Kyland-Corporation, and Defendant and Counter-Plaintiff Kyland-USA, LLC (together, the “Parties” and individually a “Party”), for entry of a Protective Order pursuant to Fed.R.Civ.P. 26(c) to protect the discovery and dissemination of confidential information or information which will improperly annoy, embarrass, or oppress any party, witness, or person providing discovery in this case DOES ORDER:

1. This Protective Order shall apply to all documents, materials, and information, including without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, and other information disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure.

2. Information designated “Confidential” shall be information that is not available to the public and that the designating party (i) believes in good faith constitutes sensitive personal or commercial information or (ii) is protected by a right to privacy under federal or state law or any other applicable privilege or right related to confidentiality or privacy.

3. Information designated “Highly Confidential - Attorneys’ Eyes Only” shall be information that is not available to the public and that the designating party believes in good faith constitutes extremely sensitive information, the disclosure of which to another Party or non-party would create a substantial risk of competitive or business injury to the producing party.

4. “Protected Material” means “any information designated by a Party as Confidential or Highly Confidential - Attorneys’ Eyes Only. All Protected Material must first be reviewed by a lawyer whose designation of the information as confidential shall constitute the lawyer’s certification that the designation is based on a good faith belief that the information is confidential or otherwise entitled to protection under Fed.R.Civ.P. 26(c).

5. Where documents including Protected Material are produced, provided or otherwise disclosed by a Party in response to any discovery request or otherwise, they shall be designated in the following manner:

a. By imprinting the word “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” on each page of the document produced or if the Protected Material is not in a format that can be easily designated “Confidential” or “Highly Confidential - Attorneys’ Eyes Only, ” the electronic file shall use the word “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” in the file name.
b. By imprinting the word “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” next to or above any response to a discovery request. Prior to designating any material as “Highly Confidential - Attorneys’ Eyes Only, ” the producing Party will make a bona fide determination that the material is, in fact, of a confidential, proprietary or trade secret nature.
c. With respect to transcribed testimony by deposition or otherwise, by giving written notice to opposing counsel designating such portions as “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” no later than fourteen (14) calendar days after the final transcript of the deposition has been received by the designating party, or by placing an appropriate statement on the record during a deposition, provided, however, that witness testimony specifically relating to any confidential financial record shall be deemed confidential, provided that such financial record continues to be Protected Material pursuant to this Protective Order.
d. Any document produced by a third party may be designated as Protected Material by the Party claiming a protected interest in the Protected Material by sending a written notification to the counsel for the receiving Party identifying the document containing such Protected Material with particularity within fourteen (14) calendar days after the production of such document to the receiving Party.
e. An inadvertent failure to designate qualified information or items does not, standing alone, waive the designating Party’s right to secure protection under this Order for such material. Upon discovery of an inadvertent failure to designate, a producing Party may notify the receiving Party in writing that the material is to be designated. Upon receipt of such notice, the receiving Party must make reasonable efforts to assure that the material is thereafter treated in accordance with the provisions of this Order. The designating Party shall provide substitute copies of documents bearing the appropriate confidentiality designation. Upon receiving substitute copies, the receiving Parties shall return or securely destroy, at the designating Party’s option, all material that was not designated properly.

6. All Protected Material shall be subject to the following restrictions:

a. It shall be used only for the purpose of this litigation and not for any business or ...

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