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Tuffy Security Products, Inc. v. Bestop, Inc.

United States District Court, D. Colorado

February 8, 2016

TUFFY SECURITY PRODUCTS, INC., a Colorado Corporation, Plaintiff,
v.
BESTOP, INC., a Delaware Corporation, Defendant.

Ramon L. Pizarro Law Office of Ramon L. Pizarro ATTORNEYFOR PLAINTIFF.

HOWARD&HOWARD ATTORNEYS PLLC Jeffrey A. Sadowski (P28153), Patricia Y. Ho, SHERIDAN ROSS P.C. ATTORNEYSFOR DEFENDANT.

[PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIALITY

NINA Y. WANG, UNITED STATES MAGISTRATE JUDGE.

Pursuant to Federal Rule of Civil Procedure 26(c), Plaintiff Tuffy Security Products, Inc. (“Tuffy”) and Defendant Bestop, Inc. (“Bestop”) (together, the “parties, ” and individually, a “party”), stipulate to the following Protective Order Governing Confidentiality (the “Protective Order”), and request that the Court enter it.

1. Introduction and Scope

This Protective Order shall govern documents and information exchanged during this action, including but not limited to documents produced by the parties or non-parties, deposition testimony, testimony taken at a hearing or other proceeding, interrogatory answers, responses to requests for admission, and correspondence between counsel (collectively, “Discovery Material”).

2. Designation of Certain Discovery Material as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY”

Discovery Material may be designated “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” under the terms of this Protective Order.

3. Good Faith Designation of Discovery Materials

By designating something as Designated Material, counsel for the Designating Party certifies under Rule 26(g) of the Federal Rules of Civil Procedure that to the best of counsel's knowledge, information, and belief formed after a reasonable inquiry that the designation is (a) consistent with the Federal Rules of Civil Procedure and warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law, or for establishing new law; (b) not interposed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; and (c) not unreasonable.

4. “CONFIDENTIAL” Discovery Materials

Subject to Paragraph 3 above, if the Designating Party believes in good faith that Discovery Material contains non-public information or materials that must be protected against disclosure to third parties, such Discovery Material shall be so identified at the time of service of such Discovery Material by including on each page the legend “CONFIDENTIAL”. If the Discovery Material is not in a format that can be easily stamped with such a legend, then the Discovery Material shall be designated “CONFIDENTIAL” using an alternative method. Acceptable alternative methods include identifying “CONFIDENTIAL” Discovery Material in correspondence transmitted with the Discovery Material or for an electronic file using the word “CONFIDENTIAL” in the file name.

5.“ATTORNEYS’ EYES ONLY” Discovery Materials

Subject to Paragraph 3 above, if the Designating Party believes in good faith that Discovery Material contains materials that comprise highly confidential information that likely would be of value to a competitor or potential competitor of the Designating Party possessing the information and that such therefore must be protected from disclosure, such Discovery Material shall be so identified at the time of service of such Discovery Material by including on each page the legend “ATTORNEYS’ EYES ONLY”. ATTORNEYS' EYES ONLY information may include, without limitation, trade secrets, highly sensitive technical information, highly sensitive financial information, marketing plans and forecasts, pricing and cost information, and customer names and lists. Absent a specific order by this Court, once designated as ATTORNEYS' EYES ONLY, such designated information shall be used by the Parties solely in this litigation, and not for any business, competitive, or governmental purpose or function, and such information shall not be disclosed to anyone except as provided herein.

6.Limitations on Access to “CONFIDENTIAL” Discovery Material

Subject to the provisions of this paragraph, Paragraph 3, “CONFIDENTIAL” Discovery Material shall not, without prior written consent of the producing party, (a) be disclosed to anyone other than the Court, its personnel, and the Authorized Personnel specified herein; or (b) be used by anyone other than the producing party for any purpose whatsoever other than the prosecution or defense of this litigation. Nothing herein shall affect any confidentiality obligations to which the parties may be subject pursuant to agreements independent of this litigation, nor shall anything herein constitute an agreement that such obligations will relieve any party of the obligation to produce Discovery Material.

Access to and disclosure of “CONFIDENTIAL” Discovery Material marked and identified in accordance with this Protective Order shall be limited to the Court, its personnel, and Authorized Personnel. Authorized Personnel are:

(a) Counsel of record for the parties, including paralegal, secretarial, and clerical personnel reasonably necessary to assist such counsel, and counsel not of record that become signatories to this Protective Order;
(b) Principals and agents of the parties, or of any of their associated entities, including Tuffy Security Products, Inc. and Bestop, Inc.;
(c) Technical experts and consultants and their staff who are retained by a party or attorney to assist in this action, but only to the extent reasonably necessary to perform such work. A party desiring to disclose “CONFIDENTIAL” Discovery Material to experts or consultants shall first obtain from each expert or consultant an Acknowledgement in the form provided in Exhibit A, and the attorney for the party shall keep the executed Acknowledgement for a one-year period following the final termination of this litigation. The disclosing attorney must have a good faith belief that disclosure of such documents to the expert or consultant is necessary for the expert or consultant’s review of the issues in this litigation;
(d) Employees of outside vendors providing copy services and exhibit preparation services in connection with this litigation. A party desiring to disclose “CONFIDENTIAL” Discovery Material to employees of outside vendors shall first obtain from each outside vendor an Acknowledgement in the form provided in Exhibit A, and the attorney for the party shall keep the executed Acknowledgement for a one-year period following the final termination of this litigation;
(e) Stenographic reporters and videographers engaged for depositions or proceedings necessary to this litigation. A party desiring to disclose “CONFIDENTIAL” Discovery Material to stenographic reporters or videographers shall first obtain from each stenographic reporter or videographer an Acknowledgement in the form provided in Exhibit A, and the attorney for the party shall keep ...

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