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CFGenome, LLC v. Streck, Inc.

United States District Court, D. Nebraska

June 14, 2018

CFGENOME, LLC, a Delaware limited liability company, and DR. M. ROHAN FERNANDO, an individual, Plaintiffs/CounterDefendants,
v.
STRECK, INC., Defendant/CounterPlaintiff,
v.
GARY KRZYZANOWSKI, Third-Party Defendant.

          STIPULATED PROTECTIVE ORDER

          Cheryl R. Zwart United States Magistrate Judge

         THIS MATTER CAME before the Court upon the Parties' stipulated Motion for Entry of Protective Order. (Filing No. 95). After reviewing the Motion, the Court enters this Protective Order (“Protective Order”) concerning disclosure, use, and protection of confidential or proprietary documents and information, including, but not limited to, commercial and/or financial information that is not available in the public domain.

         IT IS ORDERED as follows:

         Purpose and Scope

         1. Discovery in this action may involve disclosure of purported trade secrets and other confidential and proprietary business, technical, and financial information. This Protective Order (the “Order”) therefore is intended to protect against unauthorized disclosure of any such information and to ensure that such information will be used only for the purposes of this action. This Order shall govern all information (whether in writing, electronic, or other form), interrogatory responses, responses to requests for admission, documents or things produced in response to requests for production or voluntary production of documents, deposition testimony, including but not limited to all copies, excerpts, and summaries thereof or materials derived therefrom, including all such materials which are used in the course of pretrial discovery and other proceedings in this action and any motions, briefs, or other filings incorporating such information (collectively, “Discovery Material”).

         Applicability

         2. Provisions of this Order shall apply to (i) the parties presently named in this action, including, in the case of parties other than individuals, their officers, directors, employees, members and agents and (ii) any other person or entity who produced Discovery Material in this action and who agrees to be bound by the terms of this Order.

         Designation of Materials

         3. The producing parties may designate any Discovery Materials as either “Confidential” or “Attorneys' Eyes Only” or, pending the Court's ruling on the Statement of Objections filed by Plaintiffs/Counter-Defendants and Third-Party Defendant, [1] tentatively “Attorneys' Eyes Only - PPB” (collectively, “Confidential Discovery Material”) when a party, third party, or their counsel in good faith believes that such Confidential Discovery Material constitutes or reveals a trade secret or other confidential or proprietary business, technical or financial information. For purposes of this Order, information considered to be Confidential Discovery Material includes, but is not limited to, all non-public materials containing information related to the following: research; market studies; formulas; trade secrets; proprietary technical information; submissions of information to regulatory agencies and designated or requested for confidential treatment; proprietary policies and procedures; proprietary business strategies and marketing plans, transactions and strategies, and analysis of same; financial or tax data; proprietary contracts; customer lists and information; competitive analyses; costs; pricing; current personnel; employment compensation information; personnel files and documents contained in personnel files of the parties' current and former employees; product and market development and planning; financial results, plans, and projections; or the financial affairs of any individual subject to discovery in this action. “Attorneys Eyes Only” is reserved as a designation of material that is a trade secret, proprietary, or otherwise commercially sensitive.

         4. It shall be the duty of the party or a third party who seeks to invoke protection under this Order to give notice, in the manner set forth herein, of the Confidential Discovery Material to be covered hereby, and the level of confidentiality invoked. The duty of the other parties and of all parties bound by this Order to maintain confidentiality hereunder shall commence with such notice.

         Disclosure

         5. Except with the prior consent of the producing party or upon prior order of a court of competent jurisdiction, Confidential Discovery Material shall not be disclosed except in accordance with the terms, conditions, and restrictions of this Order. A nonproducing party shall not, except with the prior consent of the producing party or witness or by order of this Court, use Confidential Discovery Material for any purpose, including, without limitation, any business or commercial purpose, other than for the purpose of preparing for and conducting the litigation of this action and any appellate proceedings in this action, and the use and disclosure of any Confidential Discovery Material shall be limited to the extent reasonably necessary for the prosecution, defense, and/or appeal of this action.

         Discovery Material Designated “Confidential”

         6. Except with the prior consent of the producing party or upon prior order of this Court, Discovery Material designated “Confidential” shall not be disclosed directly or indirectly by the person receiving such material to persons other than the following persons, as to whom disclosure shall be limited to the extent reasonably necessary for the prosecution, defense, and/or appeal of this action:

(a) The Court, persons employed by the Court, and stenographers transcribing the testimony or argument at a hearing, trial, or deposition in this action or any appeal therefrom;
(b) Counsel for the parties in this action, associates, legal assistants, paralegals, secretarial and clerical employees, and outside copy services, litigation consulting services, document management services, and graphic services that are assisting counsel in the prosecution, defense, and/or appeal of this action;
(c) Independent and party experts, consultants and/or investigators retained, employed, or informally consulted by counsel in connection with the prosecution, defense, and/or appeal of this action, including their secretarial and clerical employees who are assisting in the prosecution, defense, and/or appeal of this action, subject to their signing the “Undertaking” (described below), provided that such persons are not competitors of and have no affiliation or association with the opposing party and all communications regarding the materials are made solely with outside counsel;[2]
(d) The parties and the officers and employees of any party solely for the purpose of prosecuting, defending, and/or appealing the subject matter of this lawsuit;
(e) Actual witnesses during the trial or any hearing in this lawsuit or actual deponents during a deposition in this lawsuit and their respective attorneys, subject to their signing the “Undertaking” (described below); and
(f) Independent auditors of a party, subject to their signing the “Undertaking.”

         Discovery Material Designated “Attorneys' Eyes Only”[3]

         7. The parties may designate certain highly sensitive confidential Discovery Material as “Attorneys' Eyes Only.” Except with the prior consent of the producing party or upon prior order of this Court, Discovery Material designated “Attorneys' Eyes Only” shall be treated the same as documents labeled “Confidential, ” but shall not be disclosed directly or indirectly by the person receiving such material to persons other than the following ...


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