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Anthony California, Inc. v. Moran

United States District Court, D. Nebraska

July 5, 2018

ANTHONY CALIFORNIA, INC., Plaintiff,
v.
JAMES MORAN; M & M SALES, INC.; and DIRECT LIGHTING, L.L.C., Defendants.

          Jill Robb Ackerman (NE# 17623) Krista M. Eckhoff (NE# 25346) BAIRD HOLM LLP Attorneys for Plaintiff

          Erin Ebeler Rolf (NE# 23923) WOODS & AITKEN LLP Attorneys for Defendants

          PROTECTIVE ORDER

          Cheryl R. Zwart United States Magistrate Judge

         Anthony California, Inc., James Moran, M&M Sales, Inc., and Direct Lighting, L.L.C. (collectively, the “Parties” or individually “Party”) expect that disclosure of documents or information in this case may involve the exchange of sensitive information, including, inter alia, competitive business information, financial information, other personal or business financial information, personally identifying information with respect to Parties or employees, and/or other information that would be subject to protection from public disclosure. For purposes of this Protective Order, the term “Party” includes a Party's agents, owners, attorneys, directors, employees, members, and officers. Accordingly, the Parties stipulate and agree to, and the Court finds good cause for, entry of the foregoing Protective Order pursuant to Fed.R.Civ.P. 26(c).

         It is hereby ordered that:

         I. Designation of “Confidential” or “Confidential-Attorneys' Eyes Only” Information.

         1. All documents containing information that is to be considered confidential information pursuant to this Order shall be marked “Confidential” in large letters on the first page and on each page of the document on which such information is contained. If a multi-page document is deemed to be confidential in its entirety, a party may so indicate by marking “Confidential-Entire Document” in large letters of the first page of the document or by marking each page “Confidential.”

a. “Confidential” Designation. A Party may designate documents, deposition testimony, discovery responses, or other information produced by a Party or a third-party in connection with this case (“Material”) as “Confidential” so long as it reasonably and in good faith believes the Material contains or reflects a trade secret or other confidential, personal, or proprietary information including, but not limited to, personnel and payroll records and files, financial records and data, business records and data, business policies and procedures, any information that would place the designating Party at a competitive disadvantage in the event such information were released to competitors or to the general public, or any information of a non-public nature considered (in good faith) by the designating Party to be sensitive, confidential, and/or proprietary. Such designation shall, without more, subject the information produced or provided under said designation to the provisions of this Confidentiality Agreement.
b. “Confidential” information includes all Material designated “Confidential, ” pursuant to the terms of this Order, as well as summaries and compilations derived from such Material, including but not limited to charts, tables, graphs, and models.
c. Given the nature of this proceeding, all Material produced or provided in connection with this case, as well as the information contained therein, is rebuttably presumed to be “Confidential” unless otherwise designated as “Confidential-Attorneys Eyes Only, ” publicly available, or becomes publicly available by actions other than the receiving party of a document. Such rebuttable presumption applies to Material produced by either a Party or a third-party in connection with this case.

         2. All documents containing information that is to be considered highly confidential information pursuant to this Order shall be marked “Confidential-Attorneys Eyes Only” in large letters on the first page of the document on which such information is contained and on each page of the document on which such information is contained. If a multi-page document is deemed to be “Confidential-Attorneys Eyes Only” in its entirety, a party may so indicate by marking ““Confidential-Attorneys Eyes Only - Entire Document” in large letters of the first page of the document.

a. “Confidential-Attorneys' Eyes Only” Designation. A Party may designate as “Confidential-Attorneys' Eyes Only” any Material that meets the criteria to be designated as “Confidential, ” but that a Party also reasonably and in good faith believes contains or reflects especially sensitive information of any kind in that Party's possession, custody or control, such that disclosure to persons other than those specified below could reasonably be expected to result in injury to that Party. Pricing and cost data, customer sales information and buying history, or information relating to prospective customers are non-exclusive examples of information that could fall under this category. Such designation shall, without more, subject the information produced or provided under said designation to the provisions of this Confidentiality Agreement.
b. “Confidential-Attorneys' Eyes Only” information includes all Material designated “Confidential-Attorneys' Eyes Only, ” pursuant to the terms of this Order, as well as summaries and compilations derived from such Material, including but not limited to charts, tables, graphs, and models.
c. In the case of deposition testimony, designation of “Confidential-Attorneys' Eyes Only” information shall be made by (i) designating the question asked or the testimony given, at the time asked and/or given, as “Confidential-Attorneys' Eyes Only, ” or (ii) by giving notice in writing to the court reporter and counsel of record for all Parties within seven (7) days after receipt of the transcript of the portions containing “Confidential-Attorneys' Eyes Only” information, in which event the court reporter shall appropriately mark the transcript. Prior to the conclusion of this seven (7) day period, the Parties shall maintain the deposition transcript and all of its exhibits as “Confidential-Attorneys' Eyes Only.” If said designation is made during the deposition, the Parties agree that individuals who would not be permitted access to the information under this Protective Order shall be asked to leave the room while testimony relating to such matters is provided.
d. The Parties acknowledge that creation of the “Confidential-Attorneys' Eyes Only” designation does not permit discovery into matters that are not in dispute in this litigation and that both Parties maintain an interest in limiting inquiry into private personal or business affairs. Counsel for the Parties agree to work together with regard to disputes about information designated under this category; but, if counsel cannot reach a resolution, review of the Court shall be sought prior to such information being shared beyond the ...

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