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Willstrop v. Prince Marketing LLC

United States District Court, D. Nebraska

July 11, 2018

JAMES WILLSTROP, SAURA GHOSAL, NICOL DAVID AND Camille SERME Plaintifs,
v.
PRINCE MARKETING LLC, PRINCE GLOBAL SPORTS LLC, PRINCE SQUASH, LLC W AITT BRANDS, LLC, ATHLETIC BRANDS HOLDING COMPANY and AUTHENTIC BRANDS GROUP, LLC Defndants.

          AGREED CONFIDENTIALITY AND PROTECTIVE ORDER

          Cheryl R. Zwart United States Magistrate Judge.

         Plaintifs James Willstrop, Saurav Ghosal, Nicol David and Camille Serme. ("Plaintiffs") and Defndants, Prince Marketing, LLC, Prince Global Sports, LLC, Prince Squash, LLC, Wait Brands, LLC and Authentic Brands Group, LLC ("Defndants") agree that during the course of this action certain information andor documentation may be produced which raise issues related to rights of privacy, trade secrets, or confidentiality. Plaintiffs and Defendants ask that a confidentiality and protective order be entered by this Court and that said order protect confidential inforation from inappropriate disclosure. Plaintiffs and Defndants have therefore stipulated that this confidentiality and protective order (the "Protective Order") may be entered by the Court and that it shall gover all confidential information produced in these proceedings. By entering this Protective Order, the Court does not intend to create any presumption with regard to the actual confidentiality of any information or documents, or to alter the noral burden of proof necessary fr obtaining a protective order from the Court. Accordingly, IT IS HEREBY ORDERED that the parties' motion, (Filing No. 102), is granted as follows:

         1. Definition of Confidential Information.

         "Confidential Information" as used herein means any type or classification of information which is designated as CONFIDENTIAL by the supplying party, whether it be documents, information revealed during a deposition, information revealed in an interogatory answer, or otherwise, to or fr any of the parties in this litigation. Materials designated as CONFIDENTIAL may be disclosed only to persons described in Paragraphs 3(A), 3(B), 3(C) and 3(D). In designating infrmation as CONFIDENTIAL, a party will make such designation only as to that information the party in good faith believes contains confidential information.

         2. Designation of Confidential Information.

         Each deposition transcript page or portion thereof, each interrogatory answer or portion thereof, each produced document or portion thereof, each thing or portion thereof, and each answer to a request fr admission or portion thereof, which in good faith is deemed by counsel for a party to disclose confidential information of that party, shall be so identified and marked CONFIDENTIAL by that party's counsel.

         Such identification and marking shall be made: (a) in the case of an answer to an interrogatory or a response to a request fr admission, at the time when the answer or response is served on the requesting party; (b) in the case of another document, when a copy of the document is provided to another party; or (c) in the case of an inspection of premises or things, either orally on the record at the time of the inspection (if there is a record of the inspection to be transcribed), or in a written notice delivered to counsel for the other party within ten (10) days after the inspection. In the case of transcript pages, the designating party shall advise opposing counsel of the specific pages to be maintained in confidence within twenty (20) calendar days after receipt of the transcript of the deposition. Pending notification from opposing counsel during the twenty (20) calendar day period, all transcript pages shall be treated as Confidential and may be used only in accordance with such designation under this Protective Order. Unless identified and marked or designated in accordance with this paragraph, any confidentiality is waived, unless otherwise stipulated or ordered or inadvertent disclosure corrected pursuant to the terms of this Order.

         3. Treatment of Confidential Information and Persons Entitled to Access.

         Until and unless the Court rules that any information, document or thing designated as CONFIDENTIAL is not confidential information or may be disclosed beyond the limits permitted by this Protective Order, access, copying and dissemination of such information, documents and things shall be limited to the following persons:

         A. Attorneys of record in this litigation and staff and supporting personnel of such attorneys, and in-house counsel who are working on this litigation;

         B. The parties to this case;

         C. Experts and consultants such as independent accountants, statisticians; economists, or technical experts, employed in this proceeding by a party or its attorneys of record, provided, however, that (1) such expert or consultant has agreed in writing in the form attached hereto as Exhibit "A" to be bound by the terms of this Protective Order; and (2) each such expert agrees to not disclose, disseminate or provide access to the other party's confidential information;

         D. Stenographers, court clerks, and other court personnel employed by the court; persons taking and recording depositions and their staff; service bureaus performing tasks including, but not limited to, copying, document control, computer data entry; and persons designated by the Court or by agreement of all parties.

         4. Restrictions on Use and Dissemination of ...


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