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Hobart Corp. v. Dayton Power and Light Co.

United States District Court, S.D. Ohio, Western Division

January 9, 2017

HOBART CORPORATION, et al., Plaintiffs,
v.
THE DAYTON POWER AND LIGHT COMPANY, et al., Defendants.

          William E. Coughlin (0010874) - Trial Attorney Susan R. Strom (0043734) Ronald M. McMillan (0072437) CALFEE, HALTER & GRISWOLD LLP Attorneys for Defendant DAP Products Inc.

          James A. Dyer- Trial Attorney (0006824) SEBALY SHILLITO DYER LLP Larry Silver, Pro Hac Vice LANGSAM STEVENS SILVER & HOLLAENDER LLP Counsel for Plaintiffs.

          STIPULATED PROTECTIVE ORDER APPLICABLE TO PLAINTIFFS AND DAP PRODUCTS INC.

          WALTER H. RICE JUDGE.

         The parties to this Stipulated Protective Order ('-Order") are Plaintiffs and Defendant DAP Products Inc. (collectively, the "parties"). The parties assert that certain documents and information at issue in this case or sought by the parties in discovery contain confidential or proprietary information and require protection against unrestricted disclosure and use. The parties to this Stipulated Protective Order have agreed to enter into this Order to provide each other with protection against the unrestricted disclosure and use of documents produced in this case. Therefore, it is hereby ORDERED as follows:

         1. Any document, testimony, or other information that is confidential research, business development, proprietary, or commercial information not accessible to the public may be designated as "Confidential Material" by any party regardless of whether this designation is made in sworn testimony, in documents produced in formal or informal discovery, at a hearing or trial, or in any documents submitted to the Court. "Confidential Material" includes any recitations, summaries, or descriptions of the confidential information in notices, memoranda, or other documents created by the receiving party.

         2. All Confidential Materials may be produced during discovery or otherwise. Persons other than the party asserting confidentiality may use or disclose Confidential Materials only in trial, depositions and other discovery activities, preparation for trial, the filing of motions before this Court, or any appeal in this action. A party or its counsel may also disclose the existence of Confidential Materials to the extent compelled by court order, subpoena, discovery demand, or any other requirement of law to do so, provided that the party shall provide the producing party with reasonable advance notice of such disclosure. A party shall not use Confidential Materials for any purpose other than those listed in this paragraph and Paragraph 8 below, except with the consent of the party that made the claim of confidentiality.

         3. The failure to challenge the designation of Confidential Materials at the time of their disclosure shall not be deemed a waiver of the right to challenge the propriety of such designation any time thereafter. The failure to designate documents, information, or testimony as Confidential Materials at the time of production or revelation shall not preclude later designation. From the time such post-production or post-revelation designation is made, it shall have the same effect as if each individual item designated on a post-production or post-revelation basis was in fact designated as set forth in this paragraph at the time of production or revelation. Notice of such post-production or post-revelation designation shall be given in writing to all parties to whom such documents, information, or testimony have previously been furnished.

         4. The designation of Confidential Materials shall be made in the following manner:

(a) with respect to documents or other discovery materials (other than depositions or other pre-trial testimony and interrogatory responses): by affixing the legend "Confidential" to each page containing any Confidential Material. Each compact disk, hard drive, or other media in which Confidential Material is stored shall contain a conspicuous warning that it contains Confidential Material. Only those portions of each document or other discovery material designated as Confidential shall be deemed Confidential. The portion of each document page, compact disk, hard drive, or other media that is Confidential shall be identified on the discovery material or on a separate record accompanying the material when produced;
(b) with respect to depositions or other pre-hearing testimony: either by a statement on the record by counsel at the time of disclosure, or by notifying counsel for all other parties in writing after receipt of the transcript. The first page of any transcript containing Confidential Material shall contain a conspicuous warning that it contains Confidential Material. Only those portions of each transcript designated as Confidential in this action shall be deemed Confidential. The Confidential portion of each transcript shall be identified by page and line on the transcript or on a separate record.
(c) with respect to interrogatory responses: by identifying, in the interrogatory response, the Confidential portion of the response. Only the portions of those interrogatory responses designated as Confidential in this action shall be deemed to be Confidential. The first page of any interrogatory answers containing Confidential Material shall contain a conspicuous warning that the interrogatories contain Confidential Material.

         5. Except as otherwise allowed by this Order, Confidential Materials may be disclosed, summarized, described, characterized, or otherwise communicated or made available in whole or in part only to the following persons:

(a) outside or inside counsel who represent the parties, and regular and temporary employees of those counsel assisting in the conduct of this action, for ...

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