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Middendorf Sports v. Top Rank, Inc.

United States District Court, D. Nebraska

May 4, 2017

MIDDENDORF SPORTS, a Maryland Sole Proprietorship, Plaintiff,
v.
TOP RANK, INC., a Nevada corporation, and TERENCE CRAWFORD, an individual, Defendants.

          PROTECTIVE ORDER

          Susan M. Bazis United States Magistrate Judge

         This matter is before the Court on the parties' Stipulated Protective Order. (Filing No. 31.) The Stipulation is approved. Pursuant to the parties' Stipulation, IT IS HERBEY ORDERED as follows:

         Confidential Designations

         1. The term "Confidential Information" shall mean and include documents, information or materials that a party contends relate to sensitive fighter, customer, marketing, financial, proprietary, trade secret and non-public product or development information, and are designated in good faith as "Confidential" at the time of their production or disclosure in this action. As a general guideline, materials designated "Confidential" shall be those confidential and sensitive matters that may be disclosed to the parties for the purpose of the litigation, but which a producing or disclosing party contends must be protected against disclosure to third parties.

         2. Absent a specific order by this Court, information once designated as "Confidential" shall be used by parties solely in connection with this litigation, and not for any business or competitive purpose or function and such information shall not be disclosed to anyone except as provided herein. A designation of any information as "Confidential" constitutes certification by the designating party that such person has reviewed the Confidential Information and has made a bona fide determination that: (1) such information contains trade secrets, competitively sensitive information or other confidential information; (2) disclosure of such information without restriction would be detrimental to that party in the conduct of its business and cause cognizable harm; and (3) there is good cause for seeking the Court's protection.

         Persons Permitted to Have Access to Confidential Information

         3. The following persons may have access to Confidential Information marked in this action:

(a) Trial counsel of record for the parties and all partners, associates, and law firm staff thereof who are performing legal services in connection with this action;
(b) Judges, court personnel and stenographic reporters engaged in proceedings incident to preparation for trial or trial; and
(c) Technical, trade, or financial experts or any other persons retained by trial counsel who are reasonably necessary to assist trial counsel of record in this action who execute a Protective Order Acknowledgement.
(d) Each party and their respective accountants, officers, directors, managers, corporate representatives and in-house attorneys for each party, who are necessary to the defense or prosecution of any issues in this matter.

         No Waiver of Right to Object or Challenge Designation

         4. The signing of the Order on this Stipulation, or failure of a party, at the time it receives Confidential Information, to challenge or object to the "Confidential" designation shall not be deemed a waiver of its right to challenge or object to the "Confidential" designation at any later time. The passage of time before challenge or objecting to such designation shall not be a factor weighing against such challenge or objection.

         Matters Otherwise Known Shall Not be ...


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