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Lincoln Composites, Inc v. Firetrace Usa

March 22, 2013

LINCOLN COMPOSITES, INC., PLAINTIFF,
v.
FIRETRACE USA, LLC, DEFENDANT.



The opinion of the court was delivered by: Cheryl R. Zwart United States Magistrate Judge

ORDER GOVERNING THE EXCHANGE AND USE OF CONFIDENTIAL INFORMATION

On the motion [Document No. 22] dated March 20, 2013 for entry of an order regarding confidentiality of documents and other information, and the Court being advised that confidential information will be produced by various persons and entities in these proceedings, and it appearing that the relief requested is in the best interests of the parties herein, that due and sufficient notice of the motion having been given, and that no further or other notice need to be provided, the Court enters this Order governing the exchange and use of such information.

1. This Order Governing the Exchange and Use of Confidential Information ("Order") applies to Lincoln Composites, Inc. ("Plaintiff"), Firetrace USA, LLC ("Defendant") and any other person or entity producing or providing documents or other information in connection with these proceedings.

2. This Order shall govern all documents and other discovery materials and information designated as "Confidential Information" and/or "Attorneys Eyes Only" and produced pursuant to any mandatory disclosure obligations or in response to any formal or informal discovery requests in these proceedings. This Order shall govern, among other things, documents and information produced pursuant to Rules 26, 34 or 45 of the Federal Rules of Civil Procedure, deposition and/or trial transcripts, all information contained therein, and all copies, excerpts or summaries thereof.

3. A person or entity may designate certain materials and information as "Confidential Information" under this Order if the designating party reasonably believes that such materials and information contain non-public, confidential, technical, proprietary, financial, secret or other commercially sensitive or otherwise private information.

4. A person or entity may designate certain materials and information as "Attorneys Eyes Only" under this Order if the designating party reasonably believes that such materials and information are so confidential that their dissemination should be limited to those persons described in paragraph 9 below. Attorneys Eyes Only Information shall be restricted to Outside Counsel's eyes only, except as set forth in paragraph 8 below. All persons receiving Attorneys Eyes Only Information (but not Outside Counsel or those persons affiliated with the Court) shall be required to execute the undertaking attached hereto as Exhibit A ("Undertaking") before or in conjunction with receiving or reviewing any Attorneys Eyes Only Information.

5. Confidential Information and Attorneys Eyes Only Information (collectively, "Restricted Information") may be used solely for purposes of these proceedings.

6. A person or entity may designate materials and information as Confidential Information or Attorneys Eyes Only by affixing a legend substantially similar to "Confidential" or "Attorneys Eyes Only," respectively, to each page of the document; provided that the inadvertent failure to designate materials or information as Confidential Information or Attorneys Eyes Only Information at the time of production shall not constitute a waiver of such right, and such failure may be remedied by the producing party by notifying the receiving party of the proper designation, whereupon all materials so re-designated shall be fully subject to the appropriate confidentiality restrictions in this Stipulation.

7. Materials and information designated as "Confidential Information" may be disclosed, summarized, described or otherwise communicated or made available in whole or in part only to the following persons:

(a) Outside counsel who represents any party and is counsel of record in connection with this proceeding, including lawyers, paralegals and support staff in their law firms ("Outside Counsel");

(b) In-house counsel for the parties, as well as those of their employees who are necessary for the prosecution or defense of these proceedings;

(c) Witnesses or deponents and their counsel during the course of, and only to the extent necessary for, the prosecution or defense of these proceedings;

(d) Any outside expert or consultant retained by counsel in connection with these proceedings who is not an employee of the parties, provided that such expert or consultant may use such Restricted Information solely in connection with the prosecution or defense of these proceedings. Any outside expert or consultant receiving Restricted Information (but not those persons affiliated with the Court) shall be required to execute the Undertaking attached hereto as Exhibit "A" before or in conjunction with reviewing any Confidential Information;

(e) Specifically as to a particular document or information designated as Restricted Information, any person indicated on such document as its author, addressee, or a copy recipient, or for whom a party's counsel has a reasonable good-faith ...


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