BURG SIMPSON ELDREDGE HERSH & JARDINE, PC, Melanie S. Bailey, Cincinnati, OH, Attorney for Plaintiff Christian Marcum.
TUCKER ELLIS LLP, Jeffrey M. Whitesell, Cleveland, OH, Jan M. Carroll(pro hac vice).
Barnes & Thornburg LLP Indianapolis, IN, Attorneys for Defendant DePuy Orthopaedics, Inc.
STIPULATED ENTRY OF PROTECTIVE ORDER
TIMOTHY S. BLACK, District Judge.
Plaintiff Christian Marcum and Defendant DePuy Orthopaedics, Inc. stipulate and agree, through their respective attorneys of record, to the entry of this Protective Order to protect the confidential status of protected information during discovery in this litigation.
1. This is a medical device product liability action in which Marcum alleges that the DePuy ceramic femoral head used in her total hip replacement was defective. The parties anticipate that discovery and expert disclosures will encompass certain confidential and proprietary information of DePuy, which designs, manufactures and sells orthopaedic prescription medical devices. The orthopaedic medical device field is a highly regulated industry in which DePuy and its many competitors must expend substantial resources creating processes and procedures to comply with the FDA's good manufacturing practices regulations, and submitting confidential design, manufacturing, materials, and process information to the FDA before such devices can be marketed. Accordingly, the parties have agreed a protective order is appropriate to prevent the improper disclosure or use of such information while permitting plaintiff the access necessary to evaluate and prosecute her claims.
2. The Parties may designate as "Protected Information" documents or information produced in discovery in this case which contains confidential information, the disclosure of which to or by the receiving party would, in good faith judgment of the producing party, result in the disclosure of trade secrets, or confidential research, development or commercial information as defined under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure and the case interpreting this Rule. Documents produced in discovery may be designated as "Protected Information" by marking the document so designated in such a manner as not to obliterate or obscure any written matter. To the extent that computerized or electronic material that is confidential is produced, a cover letter shall contain the "Protected Information" designation.
3. Protected Information shall be used only for the conduct of this litigation and for no other purpose whatsoever, and shall not be given, shown, made available, or communicated in any way to anyone except:
a. The Court and court personnel (including the court having jurisdiction over any appeal);
b. Court reporters used in connection with the litigation;
c. Any person who (i) wrote or received a copy of the document designated confidential before it was furnished in this litigation, or (ii) was present or participated in a meeting or discussion of the protected information before it was furnished in this litigation;
d. Any mediators, secretaries, paraprofessional assistants, and other employees of such mediators who are actively engaged in assisting the mediators in connection with this matter;
e. Employees of outside copying, document imaging and facsimile services;
f. Present counsel of record for the parties and secretaries, paraprofessional assistants, and other employees or agents of such counsel who are actively engaged in ...