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Crabar/GBF, Inc. v. Mark Wright & Wright Printing Co.

United States District Court, D. Nebraska

March 2, 2017

CRABAR/GBF, INC. Plaintiff,
v.
MARK WRIGHT AND WRIGHT PRINTING CO., Defendants.

          CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER

          F.A. GOSSETT, IIIUNITED STATES MAGISTRATE JUDGE

         THIS MATTER having come before the Court upon the Joint Motion for Entry of Protective Order and the Court being duly advised of the same, IT IS HEREBY ORDERED as follows:

         1. Definitions.

         (a) The term “Confidential Information” means any confidential or proprietary technical, financial, commercial or business information, information that constitutes a trade secret, or highly personal information.

         (b) The term “Highly Confidential-Attorneys' Eyes Only Information” means any Confidential Information that is so competitively sensitive that it could cause competitive harm to that party, or a nonparty, if disclosed to another party in this action.

         2. Scope.

         (a) This Confidentiality Agreement and Protective Order (“Protective Order”) is intended to limit a party's use or disclosure of Confidential Information and Highly Confidential-Attorney's Eyes Only Information furnished to it by any other party, or by a third-party or nonparty, in connection with this action. It shall govern Confidential Information and Highly Confidential-Attorney's Eyes Only Information that is, directly or indirectly, set forth, revealed, produced, or provided: (i) in responses to discovery requests promulgated under the Federal Rules of Civil Procedure; (ii) in documents (including electronically-stored information) or things produced pursuant to, or made available for inspection in response to, a discovery request or subpoena under the Federal Rules of Civil Procedure; (iii) in depositions conducted under the Federal Rules of Civil Procedure; (iv) in connection with any other discovery taken in this action, whether pursuant to the Federal Rules of Civil Procedure, informally, or by agreement; (v) in correspondence (including attachments and enclosures) relating to this action; (vi) in submissions to or before the Court, including testimony, pleadings, briefs, exhibits and declarations; (vii) in response to any Order of the Court; and (viii) in connection with any mediation or settlement negotiation.

         (b) This Protective Order has no effect upon, and shall not apply to any party's use or disclosure of its own Confidential Information or Highly Confidential-Attorney's Eyes Only Information for any purpose.

         3. Designations.

         (a) Documents. A party claiming that a document contains Confidential Information or Highly Confidential-Attorneys' Eyes Only Information shall mark “Confidential” or “Highly Confidential-Attorneys' Eyes Only” (as the case may be) on the face of the document prior to production, or otherwise notify all counsel of record in writing of the designation. Only the first page of a group or set of documents, or a series of pages, need be so marked.

         (b) Interrogatory Answers. A party claiming that any answer (or part of an answer) to an Interrogatory contains Confidential Information or Highly Confidential-Attorneys' Eyes Only Information shall imprint the word “Confidential” or “Highly Confidential-Attorneys' Eyes Only” (as the case may be) next to or above any such answer to any Interrogatory, or otherwise notify all counsel of record in writing of the designation.

         (c) Deposition Testimony. A party claiming that information discussed during a deposition is Confidential or Highly Confidential-Attorneys' Eyes Only shall notify opposing counsel of the same either (i) at the time of the deposition by making a statement with specificity for inclusion in the deposition transcript on the record before the close of the deposition, or (ii) within five (5) business days after receipt of the deposition transcript, by so notifying counsel for each other party in writing, identifying by page and line number the information claimed to be Confidential or Highly Confidential-Attorneys' Eyes Only. During the period between the deposition testimony and the time when the five (5) business day period after receipt of the transcript has run, all deposition transcripts shall be treated as Confidential Information in the manner provided for in this Protective Order.

         (d) Electronically-Stored Information. A party claiming that electronically-stored information or other information that cannot conveniently be labeled contains Confidential Information or Highly Confidential-Attorneys' Eyes Only Information shall notify opposing counsel, in writing, that such information is designated as “Confidential” or “Highly Confidential-Attorneys' Eyes Only” (as the case may be).

         (e) Other Material. A party claiming that any other material is Confidential or Highly Confidential-Attorneys' Eyes Only or contains Confidential Information or Highly Confidential-Attorneys' Eyes Only shall notify opposing counsel in writing of such designation.

         4. Challenges to Designations.

         Acceptance by a party of any information, document or material designated Confidential or Highly Confidential-Attorneys' Eyes Only hereunder shall not constitute a concession that the information, document or material is confidential or highly confidential. In the event that any party to this litigation disagrees with the designation of any materials or information as Confidential or Highly Confidential-Attorneys' Eyes Only, the objecting party shall notify counsel of record for the opposing party of such objection or concerns in writing. The parties shall make a good-faith effort to resolve any disagreement regarding the designation without the necessity of the Court's intervention.

         If the disagreement is not resolved, the designating party shall bear the burden of filing a motion seeking relief from the Court regarding the designation within fourteen (14) days of receipt of the other party's objection. The disputed material shall be treated as designated unless and until the Court rules otherwise. The designating party's failure to file and serve a motion as provided in this paragraph shall constitute a waiver of the Confidential or Highly Confidential-Attorneys' Eyes Only designation and the materials and information will no longer be so protected. The designating party shall ...


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