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Turner v. Nathan Sports, Inc.

United States District Court, D. Colorado

April 17, 2016

JAMES W. TURNER AND BRENDA FREEMAN, Plaintiffs,
v.
NATHAN SPORTS, INC., a Pennsylvania Corporation, PENGUIN BRANDS, INC., a Pennsylvania Corporation, IMPLUS FOOTCARE, LLC, a North Carolina Corporation, EMPACK SPRAYTECH, INC., a Foreign Corporation, EMU POLISHES, INC., and DOES 1-10. Defendants.

PROTECTIVE ORDER

The above-styled cause is before the Court on the Lassip, Inc.'s and Implus Footcare, LLC's Joint Motion for Protective Order, filed here on April 8, 2016. After due consideration of the premises, the Court hereby ORDERS and ADJUDGES as follows:

1. The Joint Motion for Protective Order is hereby GRANTED.

2. This Protective Order is being entered for good cause shown. Specifically, this action may involve the production and disclosure of documents, testimony and other information that, although subject to discovery in the captioned matter because of the nature of the claims asserted against the Defendants, would otherwise be CONFIDENTIAL. The disclosure and/or use of such CONFIDENTIAL information is therefore limited to the immediate case.

3. This order shall govern the handling of all such confidential and privileged documents, testimony, deposition transcripts and any and all other information, including all copies, excerpts, and summaries thereof (collectively, "Material"), produced, disclosed, or given during discovery or otherwise filed in this action.

4. Any party to this action may designate as "CONFIDENTIAL" any Material that contains confidential and/or privileged information, but is nevertheless disclosed or produced in the captioned matter because of the nature of the claims asserted. CONFIDENTIAL Material, as used in this Order, shall refer to any so designated Material, including all copies thereof, and shall also refer to the information contained in such Material. No designation shall be made unless the designating party or non-party believes in good faith that the designated Material is entitled to such protection.

5. Except upon prior written consent of the party asserting CONFIDENTIAL treatment or upon further order of a court of competent jurisdiction, CONFIDENTIAL information shall be held in strict confidence and shall be used solely for the purposes of prosecution or defense of this litigation. Access to CONFIDENTIAL information shall be limited to:

(a) the Court, including any Court personnel assisting the Court, stenographers or other persons involved in taking or transcribing court or deposition testimony in this action, and members of the jury;
(b) the parties, attorneys representing the parties and paralegal, clerical and secretarial employees of such attorneys;
(c) the officers, directors, agents or employees of the parties participating in the prosecution, defense, settlement or other disposition of this action;
(d) mediators, consultants, experts or litigation support services, including outside copying services, retained by a party for the purpose of assisting that party in this action provided that the disclosing party determines in good faith that the disclosure is necessary for the prosecution or defense of this action, and provided such persons agree in writing to abide and be bound by the terms of this Order in the form attached as Exhibit A;
(e) potential witnesses provided that the disclosing party determines in good faith that the disclosure is necessary for the prosecution or defense of this action, and provided such persons agree in writing to abide and be bound by the terms of this Order in the form attached as Exhibit A;
(f) any person who is an author, addressee or recipient of, or who previously had access to, the CONFIDENTIAL information;
(g) deposition witnesses who agree in writing to abide by and be bound by the terms of this Order in the form attached hereto as Exhibit A;
(h) any other person as to whom the party that designated the document or information as CONFIDENTIAL has ...

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