Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hirschvogel Inc. v. Allison Transmission Inc.

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

May 29, 2018

Hirschvogel Incorporated, Plaintiff,
v.
Allison Transmission, Inc. Defendant.

          Peter A. Lusenhop (0069941), Trial Attorney Christopher C. Wager (0084324) Vorys, Sater, Seymour and Pease LLP Counsel for Plaintiff Hirschvogel Incorporated

          Steven D. Forry (0075520), Trial Attorney Drew J. Miroff (Admitted Pro Hac Vice) Adam D. Zacher (Admitted Pro Hac Vice) Ice Miller LLP Counsel for Defendant Allison Transmission, Inc.

          Graham Judge.

          STIPULATED PROTECTIVE ORDER

          ELIZABETH PRESTON DEAVERS MAGISTRATE JUDGE.

         Plaintiff Hirschvogel Incorporated, ("Defendant") and Defendant Allison Transmission, Inc. ("Plaintiff') ask the Court to enter this protective order in the above-captioned case to facilitate the exchange of discovery materials among the parties, to protect confidential business or proprietary information as well as other sensitive information. The Court, having considered the motion and for good cause, hereby enters the following protective order pursuant to the Court's authority under Fed.RCiv.P. 26(c):

         IT IS HEREBY ORDERED that "Confidential Information", as defined herein, produced by the parties is hereby subject to the terms of this Order and is produced pursuant to and because of this Order.

         IT IS HEREBY FURTHER ORDERED:

         A. Definition of Confidential Information

         1. "Confidential Information, " as used in this Order means information produced or provided during the course of this action which a party in good faith believes constitutes confidential, sensitive, or proprietary information and is stamped by the party producing the material with the notation "Confidential" or "Confidential - Attorneys' Eyes Only" to signify that it contains documents, information or testimony believed to be Confidential Information pursuant to paragraph B hereof. For purposes of this Agreement and Order, the term "document" shall have the meaning as defined in Federal Rule of Civil Procedure 34(a).

         B. Procedure for Designating Material as Confidential Information

         1. A party who believes in good faith that information constitutes "Confidential Information" shall designate the material as confidential by stamping or otherwise marking the notation "Confidential" or "Confidential - Attorneys' Eyes Only" on at least the first page of such designated document or by other means that notifies the parties that the information is subject to this Protective Order. In lieu of marking originals, the producing party may mark copies of the documents that are produced or exchanged. With respect to electronic data or information, the designating party may designate such material as confidential by marking the notation "Confidential" or "Confidential - Attorneys' Eyes Only" on a label affixed to the disk, tape, or other medium on which the information is stored or by other means that notifies the parties that the information is subject to this Protective Order.

         2. If a party wishes to designate a portion of any deposition as Confidential Information because that portion involves discussion of Confidential Information, that party shall so designate the portion during the deposition. The court reporter shall segregate the designated portion(s) from the remainder of the transcript. A party may similarly designate a portion of a deposition transcript as Confidential Information within five (5) calendar days of receipt of the transcript by providing the designated pages and line numbers to the other party. All copies of deposition transcripts that contain Confidential Information shall be prominently marked "Confidential" or "Confidential - Attorneys' Eyes Only" on the cover.

         3. AH Confidential Information in any affidavits, briefs, memoranda, or other papers filed with any court shall be designated as "Confidential" or "Confidential - Attorneys' Eyes Only".

         4. A party may designate as Confidential Information any documents, information or testimony produced or furnished in this matter by it or a non-party who came into possession of such information under circumstances in which the confidentiality was not waived as a matter of law, including, but not limited to, attorneys, experts, accountants, consultants, health care providers, appraisers, agents and employees, by informing opposing counsel in writing of such designation within ten (10) calendar days of receipt of the document, information or testimony.

         5. Inadvertent production of any document or information without a designation of "Confidential" will not be deemed to waive a party's claim to its confidential nature or estop that party from designating the document or information as "Confidential" at a later date through a supplemental written notification. Upon receipt of such a supplemental written notice, counsel for the Receiving Party shall undertake to recover from any person to whom such Confidential Information was disclosed all copies and abstracts of the Confidential Information that is the subject of the supplemental written notice and shall instruct all persons who viewed the material as to the appropriate ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.