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Smith v. Master Lock Company, LLC

United States District Court, D. Colorado

April 12, 2016

JERRY R. SMITH, Plaintiff,
v.
MASTER LOCK COMPANY, LLC, Defendant.

James M. Miletich McConnell Fleischner Houghtaling, LLC Attorney for Plaintiff, Jerry R. Smith

Matthew E. Johnson Wheeler Trigg O’Donnell LLP Attorney for Defendant, Master Lock Company, LLC

STIPULATED PROTECTIVE ORDER

Plaintiff Jerry R. Smith (“Plaintiff”), through his counsel, McConnell Fleischner Houghtaling, LLC, and Defendant Master Lock Company, LLC (“Defendant”), through its counsel, Wheeler Trigg O’Donnell LLP, hereby stipulate and agree as follows, and the Court, having been fully advised, hereby orders as follows:

1. This Protective Order shall apply to all information, documents, and tangible things subject to discovery in this action that are in the possession, custody, or control of any party, non-party witness, or third-party producing documents and/or agreeing to be subject to this Order by executing the Order and/or Exhibit A hereto, and that are believed to contain or embody a party’s or third-party’s proprietary or confidential information. By way of example and not limitation, such information may include, or be included in, documents, tangible things, transcripts, answers to interrogatories and other responses to discovery requests, deposition or trial or court testimony, pleadings, briefs, summaries, notes, abstracts, motions, drawings, and any instrument comprising, embodying, or summarizing matters that any party or non-party considers confidential and/or proprietary.

2. As used herein, “Confidential Information” means any proprietary or other confidential information of the designating party or a third-party, regardless of form, including but not limited to, research, development, commercial, or business information that counsel of record for the designating party reasonably and in good faith believes contains or reflects proprietary or confidential information. The Confidential Information designation extends to both the material and substance of the information so designated, and to compilations or similar documents containing or compiled from said information.

3. As used herein, “Highly Confidential Information” means information that the designating party or non-party believes contains highly sensitive business and financial information and technical information that provides the designating party a competitive advantage, and such designation is not for purposes of unnecessarily restricting the receiving party’s access to information concerning the lawsuit. By way of example and not limitation, information marked HIGHLY CONFIDENTIAL may include strategic plans, annual forecasts, costing information, profit and loss statements, profit margins, business plans, competitive strategy, merger and acquisition strategies, and technical or engineering information relating to any products.

4. Confidential or Highly Confidential Information does not include information that was in the public domain before disclosure to the non-designating party, or that becomes part of the public domain after disclosure to the non-designating party through no action or fault of the non-designating party.

5. The parties shall endeavor in good faith to limit the designation of Confidential or Highly Confidential Information to information genuinely warranting the protections provided by the terms of this Protective Order.

6. All Confidential or Highly Confidential Information produced in the above-captioned case (the “Action”) shall be used solely for the purposes of preparing for and conducting pre-trial, trial, and post-trial proceedings in this litigation, and not for any other purpose; provided, however, that the designating party or non-party may use its own Confidential or Highly Confidential Information for any purpose.

7. The Parties have a dispute about whether any documents or tangible things produced by either party in the Action, whether or not designated Confidential or Highly Confidential, can be used to assert claims against one another in a subsequent lawsuit. Rather than litigating that dispute now, the Parties agree that each party preserves its position on the issue and the Parties agree to litigate the issue in this case at a later date if necessary. In the meantime and pending resolution of that dispute before this Court, the Parties agree to limit the use of documents produced in this lawsuit to this lawsuit and for no other purpose. However, the Parties are not waiving any of the alternative arguments addressed in this paragraph 7 or the right to litigate this issue before this Court at a later date.

8. The parties to this case are bound by this Protective Order. Any other individual or entity that intends to produce documents and seeks to have those documents governed by this Protective Order shall execute Exhibit A hereto and then may designate information as “Confidential” or “Highly Confidential.” 9. Under the terms of this Protective Order, the parties and anyone or any entity executing Exhibit A may designate information as “Confidential” or “Highly Confidential” in the following manner:

(a) With respect to documents, by stamping the term “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” clearly and conspicuously on the face of each page containing Confidential or Highly Confidential Information. In lieu of marking the original documents, the designating party or non-party may mark the copies that are produced or exchanged.
(b) With respect to Electronically Stored Information (“ESI”) that is produced in a native format, by designating it as “Confidential” or “Highly Confidential” in a written communication provided to the non-producing party contemporaneously with the production of the ESI.
(c) With respect to testimony that is not transcribed, by designating it as “Confidential” or “Highly Confidential” in a written communication provided to the non-producing party no later ...

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