United States District Court, D. Colorado
JOHNS MANVILLE CORPORATION, a Delaware corporation, and JOHNS MANVILLE, a Delaware corporation, Plaintiffs,
KNAUF INSULATION, INC., a Delaware corporation, and KNAUF INSULATION GMBH, a German corporation, Defendants.
David E. Sipiora, Laura K. Mullendore, Miranda C. Rogers, Kevin M. Bell Kilpatrick Townsend & Stockton LLP Attorneys for Plaintiffs Johns Manville Corporation and Johns Manville.
Spiro Bereveskos, Daniel J. Lueders Woodard Emhardt Moriarty McNett & Henry LLP, Duane Roger Denton Bingham Greenebaum Doll LLP, Perry L. Glantz Stinson Leonard Street LLP Attorneys for Defendants Knauf Insulation, Inc. and Knauf Insulation GmbH.
PROPOSED] STIPULATED PROTECTIVE ORDER
The parties, by their undersigned counsel, pursuant to Fed.R.Civ.P. 26(c)(1), hereby stipulate to and move the Court to enter the following protective order concerning the treatment of confidential information.
II. SCOPE OF PROTECTED INFORMATION
In the course of discovery in this action, the parties may be required to produce information that constitutes, in whole or in part, protected information such as trade secrets, nonpublic research and development, commercial or financial information, or other information that may cause harm to the producing party or a non-party. The parties anticipate production of the following categories of protected information: technical documentation (e.g., technical specifications for rotary fiberizers including spinner discs and manifolds, manufacturing processes, test results, lab notebooks, vendor specifications and communications), financial information (e.g., sales numbers, revenue, cost, and profit information), sensitive competitive business information (e.g., analyses regarding decisions to develop or launch new products, internal emails, notes, and meeting minutes reflecting strategy discussions regarding new products, pricing, and competition).
III. DESIGNATION OF PROTECTED INFORMATION
This Order governs the production and handling of any protected information in this action. Any party or non-party who produces protected information in this action may designate it as "Confidential" or "Attorneys' Eyes Only" consistent with the terms of this Order. "Designating Party" means the party or non-party who so designates the protected information; "Receiving Party" means the party or non-party to whom such information was produced or disclosed. Whenever possible, the Designating Party must designate only those portions of a document, deposition, transcript, or other material that contain the protected information and refrain from designating entire documents. Regardless of any designations made hereunder, the Designating Party is not otherwise restricted from use or disclosure of its protected information outside of this action. In addition, any party may move to modify or seek other relief from any of the terms of this Order if it has first tried in writing and in good faith to resolve its needs or disputes with the other party(ies) pursuant to the terms of this Order and D.C.COLO.LCivR7.1.
B. Application to Non-Parties:
Before a non-party is given copies of designated information as permitted hereunder, it must first sign the acknowledgment to be bound to these terms that is attached hereto as Exhibit A; if it fails to do so, the parties to this action must resolve any such dispute before making disclosure of designated information as permitted hereunder to the non-party. If a non-party wishes to make designations hereunder, it must first sign the acknowledgment to be bound to these terms that is attached hereto as Exhibit A.
C. Timing and Provisional Protection:
Designations may be made at any time. To avoid potential waiver of protection hereunder, the Designating Party should designate information at the time of production or disclosure, including on the record during the taking of any testimony. Deposition testimony will be deemed provisionally protected for a period of 30 days after the transcript is released to the parties by the court reporter, although the parties may agree at any time to different timelines of provisional protection of information as Confidential or Attorneys' Eyes Only as part of one or more specific depositions. To retain any designations beyond the provisional period, a Designating Party must designate specific pages and lines of deposition testimony ...