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The Cannon Group, Inc. v. New York Packaging II, LLC

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

June 16, 2017

THE CANNON GROUP, INC., Plaintiff,
v.
NEW YORK PACKAGING II, LLC, Defendant.

          Roger A. Gilcrest, ICE MILLER LLP Counsel for Plaintiff, Of Counsel: T. Earl LeVere, ICE Miller LLP.

          Paul Grandinetti, LEVY & GRANDINETTI Counsel for Defendant, Of Counsel: Joseph J. Zito, Luiz Felipe Oliveira.

          Miehael H. Watson Magistrate Judge.

          [PROPOSED] PROTECTIVE ORDER

          The Honorable Terence P. Kemp United States Magistrate Judge.

         The Court recognizes that disclosure and discovery activity are likely to arise that will require the disclosure of trade secrets, confidential research, and development, manufacturing, financial, process, marketing, and business information, as well as other commercial information subject to Federal Rule of Civil Procedure 26(c).

         Good cause exists to protect this information from public disclosure. In the absence of a suitable protective order safeguarding the confidentiality of such information, the parties would be hampered in their ability to produce such information.

         Accordingly, the Court ORDERS that the parties shall adhere to the following:

         1. DESIGNATION OF PROTECTED MATERIAL

         1.1. This Order shall govern all documents and other products of discovery obtained by the parties from one another and from third parties, all information copied or derived therefrom, as well as all copies, excerpts, summaries or compilations thereof, including documents produced pursuant to requests authorized by the Federal Rules of Civil Procedure, answers to interrogatories, deposition transcripts, responses to requests for admission, affidavits, declarations, expert reports, and other such material and information as may be produced during the course of this litigation.

         1.2. In connection with discovery proceedings in this action, any party or third party may designate any non-public document, material, or information as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY" (collectively referred to as "Protected Material").

(a) A party or third-party may designate as "CONFIDENTIAL" any information, document, or thing that the party or third-party reasonably and in good faith believes to contain confidential information subject to Fed.R.Civ.P. 26(c) used by it in, or pertaining to, its business and that is not generally known, and which that party or third-party would not normally reveal to third parties or, if disclosed, would require such third parties to maintain in confidence;
(b) A party or third-party may designate as "HIGHLY CONFIDENTIAL -ATTORNEY EYES ONLY" such materials as the party or third-party reasonably and in good faith believes to contain particularly sensitive technical or business information relating to research for and production of current products; technical, business, and research information regarding future products; non-public and highly sensitive financial information; marketing and sales information, such as marketing plans and forecasts, customer lists, pricing data, cost data, customer orders, and customer quotations; any pending or abandoned non-public patent applications, foreign or domestic; and such other documents, information, or materials that relate to other proprietary information that the designating party or third-party reasonably believes is of such nature and character that disclosure of such information would be harmful to the designating party or third-party.

         1.3. The following information shall not be designated or protected under this Protective Order:

(a) Information that is in the public domain at the time of disclosure, including patent file histories, publicly available prior art publications, catalogs and other advertising materials, press releases, and publicly-filed financial statements;
(b) Information that at any time is made public through the action of a person other than (i) a non-designating party or (ii) any person or entity under a duty to preserve or maintain the confidentiality of the information;
(c) Information that the designating party has not undertaken with others to maintain in confidence and that is in the possession of or becomes available to the receiving party other than through discovery in this action, but only if the receiving party can show by written documentation that the information independently came into its rightful possession; or
(d) Information that is independently developed by the receiving party, as reflected by written documentation demonstrated to be in existence prior to production by the party claiming confidentiality.

         1.4. Any documents or things produced pursuant to a discovery request or other written materials exchanged by the parties (including discovery responses, letters, and briefs) that a party desires to designate as Protected Material shall be so designated by marking each page of the document, paper or thing CONFIDENTIAL or HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY, as appropriate, and indicating the identity of the producing party (e.g., through the use of an identifying prefix to the document identification (Bates) number). HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY designations made pursuant to this Protective Order may also be made by an abbreviated designation of "ATTORNEY EYES ONLY."

         1.5. In the event a party may make available certain of its files for inspection by another party, which files may contain non-confidential material as well as material that may be subject to protection under this Protective Order, with the intent that following such inspection the inspecting party will designate certain of the inspected documents to be copied and furnished to it, such files need not be marked with either confidentiality designation in advance, but shall all be treated as HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY materials during the course of such inspection and designation process, and such designated documents shall be marked as appropriate with either confidentiality designation upon being copied and furnished to the inspecting party. Only those persons identified in paragraph 2.2 below as permitted to view HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY materials may be present at any such inspection. When the producing party copies the documents to furnish to the inspecting party, the producing party shall mark Protected Material with the appropriate confidentiality designation to the extent warranted under paragraph 1.2.

         1.6. Whenever a deposition involves a disclosure of Protected Material, the following procedures shall apply:

(a) Any party may designate any portion or all of a deposition as CONFIDENTIAL or HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY by notifying the other parties on the record during the deposition. The Court Reporter shall be asked to make the appropriate confidentiality designation on each page of the transcript that contains CONFIDENTIAL or HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY information. At that time, all persons not qualified to receive that category of information shall leave the room prior to continuation of the deposition and until the conclusion of such designated testimony; and
(b) Any party may also designate any portion or all of a deposition as CONFIDENTIAL or HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY by notifying the other parties separately in writing within thirty (30) days of receipt of the transcript. In such event, the parties shall confer as to the most convenient way to segregate the designated portions of the transcript. All information disclosed at a deposition and all information contained in deposition transcripts shall be treated as HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY for a period of thirty (30) days after the receipt of the transcript to ...

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