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Seepex, Inc. v. Liberty Process Equipment, Inc.

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

October 31, 2017

Seepex, Inc., Plaintiff,
v.
Liberty Process Equipment, Inc., Defendant.

          Steven C. Coffaro, Sarah V. Geiger, KEATING MUETHING & KLEKAMP PLL Counsel for Plaintiff Seepex, Inc.

          W. David Arnold, Robert C. Tucker, Robison, Curphey & O'Connell, Howard S. Michael (pro hac vice) Virginia Wolk Marino (pro hac vice) BRINKS GILSON & LIONE Counsel for Defendant Liberty Process Equipment, Inc.

          Judge, Walter H. Rice

          STIPULATED PROTECTIVE ORDER

          MICHAEL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE

         The parties to this Stipulated Protective Order have agreed to the terms of this Order, and the Court finds those terms acceptable; accordingly, it is ORDERED:

         1. Scope. All documents and electronically stored information (“ESI”) produced in the course of discovery, including initial disclosures, all responses to discovery requests, all deposition testimony and exhibits, other materials which may be subject to restrictions on disclosure for good cause and information derived directly therefrom (hereinafter collectively “documents”), shall be subject to this Order concerning confidential information as set forth below. The Order is also subject to the Local Rules of this District and the Federal Rules of Civil Procedure on matters of procedure and calculation of time periods.

         2. Form and Timing of Designation. A party may designate documents, testimony or other information as confidential and restricted in disclosure under this Order by placing or affixing the words “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER, ” or “HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEY'S EYES ONLY - SUBJECT TO PROTECTIVE ORDER” on the document in a manner that will not interfere with the legibility of the document and that will permit complete removal of the CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER, or HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEY'S EYES ONLY - SUBJECT TO PROTECTIVE ORDER designation without obscuring the content of any document. A party may designate ESI as confidential and restricted in disclosure under this Order by placing or affixing the words “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER, ” or “HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEY'S EYES ONLY - SUBJECT TO PROTECTIVE ORDER” on the page images of the document in a manner that will not interfere with the legibility of the document or by including the term “CONF, ” or “HIGH CONF - ATTYS EYES ONLY” in the name of the ESI file or by marking the disk or other media containing the ESI “CONFIDENTIAL, ” or “HIGHLY CONFIDENTIAL -OUTSIDE ATTORNEY'S EYES ONLY.” The designation “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER, ” or “HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEY'S EYES ONLY - SUBJECT TO PROTECTIVE ORDER” does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order.

         3. Documents and ESI shall be designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEY'S EYES ONLY - SUBJECT TO PROTECTIVE ORDER prior to or at the time of the production or disclosure of the documents or ESI. However, if a party inadvertently fails to so designate an item at the time of its production, the party shall correct such failure within fourteen (14) days of the time the failure is discovered. Such correction, and notice thereof shall be made in writing, accompanied by substitute copies of each affected item, appropriately marked with one of the designations above. Any party receiving any such affected items shall return them upon request from the producing party upon request within five (5) business days.

         4. Documents Which May be Designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER. Any party may designate documents, testimony or other materials as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER upon making a good faith determination that the documents, testimony or other materials contain or could lead to the disclosure of confidential business, personal or commercial information that is not generally known or otherwise available. Public records and other information or documents that are publicly available may not be designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER.

         5. Documents Which May be Designated HIGHLY CONFIDENTIAL -OUTSIDE ATTORNEY'S EYES ONLY - SUBJECT TO PROTECTIVE ORDER. Any party may designate documents, testimony or other materials as HIGHLY CONFIDENTIAL -OUTSIDE ATTORNEY'S EYES ONLY - SUBJECT TO PROTECTIVE ORDER upon making a good faith determination that the documents, testimony or other materials contain or would lead to the disclosure of trade secret information as defined in Ohio Rev. Code § 1333.61(D); that is, information, including the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, pattern, compilation, program, device, method, technique, or improvement, or any business information or plans, financial information, or listing of names, addresses or telephone numbers, that both (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Public records and other information or documents that are publicly available may not be designated as HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEY'S EYES ONLY -SUBJECT TO PROTECTIVE ORDER.

         6. Depositions. Within twenty-five (25) days after a party's receipt of the official copy of the transcript of the deposition of any party or witness in this case, if the questioning is such that the party or witness determines that the answers disclose CONFIDENTIAL or HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY information, any party or witness may designate that information as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEY'S EYES ONLY - SUBJECT TO PROTECTIVE ORDER. Such designation shall be specific as to the portions of the transcript or any exhibit to be designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEY'S EYES ONLY - SUBJECT TO PROTECTIVE ORDER. Thereafter, the deposition transcripts and any of those portions so designated shall be protected as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEY'S EYES ONLY - SUBJECT TO PROTECTIVE ORDER, pending objection, under the terms of this Order, subject to any contrary or clarifying Order by the Court. Unless otherwise agreed, all deposition transcripts will be treated as HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEY'S EYES ONLY until the expiration of the twenty-five (25) day period. When a transcript or testimony from a transcript containing or comprised of CONFIDENTIAL or HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY information is filed with the Court, the procedures outlined in Paragraph 12 must be adhered to. Provided, however, that nothing in this Order shall preclude any party from seeking an appropriate Order from the Court relating to the designation of any deposition testimony in accordance with Paragraph 14, below.

         7. Protection of Confidential Material.

         (a) General Protections. Documents designated CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER under this Order, and any and all information derived therefrom, shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in ¶ 7(b) for any purpose whatsoever other than to prepare for and to conduct discovery and trial in this action, including any appeal thereof.

         (b) Limited Third-Party Disclosures. The parties and counsel for the parties shall not disclose or permit the disclosure of any CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents, and any and all information derived therefrom, to any third person or entity except as set forth in subparagraphs (1)-(6). Subject to these requirements, the following categories of persons ...


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