Shirletta Sales v. I Supply Co.

          Shirletta Sales (pro se) Plaintiff.

          Jamie A. LaPlante W. Irl Reasoner, Trial Attorney (0025798) Jamie A. LaPlante (0082184) Jolene S. Griffith (0084940) BAILEY CAVALIERI LLC Attorneys for Defendants.

          NEWMAN, MAGISTRATE JUDGE.

          AGREED PROTECTIVE ORDER

          Walter H. Rice, Judge.

         UPON agreement of the Parties and for good cause shown, this Court ORDERS as follows:

WHEREAS, documents and information have and may be sought, produced, or exhibited by and among the parties to the above-referenced action, as well as by non-parties, which relate to alleged trade secrets and confidential information, including but not limited to research, development, technology, business plans, customer lists, customer information, pricing information, employee information, or other proprietary information belonging to Plaintiff, Defendants, and/or non-parties;

         THEREFORE, this Agreed Protective Order is necessary to protect such alleged trade secrets and confidential information and such protection shall be had according to the following terms:

1. Any information or document submitted and/or produced, either voluntarily or pursuant to any subsequent order or subpoena in this action, which is asserted by any of the parties, or by the producing entity, to contain or constitute a trade secret or other confidential or proprietary information, shall be so designated by said party or producing entity in writing. Information or documents so designated shall be clearly and prominently marked on their face with the legend: "CONFIDENTIAL," as outlined in Paragraph 2 below. Reasonable attempts shall be made by the parties to avoid affecting the readability of the document by the placement of the "CONFIDENTIAL" designation. All transcripts of oral testimony, and any exhibits referenced during such testimony, as well as the oral testimony itself, shall be deemed to be designated as "CONFIDENTIAL" for a period of twenty (20) days from receipt. Any person or entity may, within twenty (20) days of the receipt of a transcript of oral testimony designate the testimony or any exhibits referenced therein as "CONFIDENTIAL" or by so notifying the other parties of such designation in writing. Only those portions of the transcript of oral testimony shall be designated as "CONFIDENTIAL" by reference to pages and/or line numbers that are "CONFIDENTIAL." Any document or information marked as "CONFIDENTIAL" shall be used exclusively and solely for purposes of this litigation and for no other purpose whatsoever.

2. The producing party or entity shall designate as "CONFIDENTIAL" information which the party believes in good faith pertains to its business, its employees, customers, or directors, and is not generally known or available to outside parties, and would not be revealed to third parties. These designations shall be made at the time that the information is produced to the other party or within twenty (20) days thereafter. Any documents already produced by the parties to this case can be marked "CONFIDENTIAL," by notifying the other party, for thirty (30) days following the date of this Order.

3. In the absence of prior written permission from the individual or entity asserting confidential treatment or an order by the Court, any confidential documents or information submitted or produced in accordance with the provision of paragraph 1, above, that are marked "CONFIDENTIAL" shall not be disclosed to any person other than: (i) the parties and their attorneys representing them in the above-captioned action, including any necessary support personnel assisting such attorneys, (ii) qualified persons taking testimony involving such documents or information and necessary stenographic and clerical personnel; (iii) technical experts or other expert witnesses and their staff who are employed for purposes of this litigation, (iv) the Court and any personnel of the Court, including members of any jury impaneled to hear this case, (v) lay witnesses, provided that the party intending to question such lay witness gives five (5) days prior notice of such examination to the producing or submitting party so that such party may have an opportunity to seek a protective order if necessary, and (vi) the producing or submitting party during its deposition or testimony.

4. Confidential information submitted in accordance with the provisions of paragraph 1, above, shall not be made available to any person designated in paragraph 3(iii) or (v) unless such person shall have first read this order, agreed to be bound by the terms thereof as set forth in the attached Exhibit A, agreed not to reveal such confidential information to anyone other than persons designated in paragraph 3, above, and agreed to utilize such confidential information solely for the purpose of this litigation. In any event, Counsel of record for each party shall maintain control of the master copy of any document produced under the "CONFIDENTIAL" and shall not allow persons designated in Paragraph 3(v) to maintain copies of these documents.

5. If the Court orders, or if the parties agree, that access to, or the dissemination of, information submitted or marked as "CONFIDENTIAL" shall be made to persons not included in paragraph 3, above, all such persons shall be subject to the terms and conditions of this Agreed Protective Order with respect to any such confidential information.

6. Any confidential information submitted to the Court in connection with a motion, trial, or other proceeding within the purview of this lawsuit shall be submitted as set forth in paragraph 1, above, under seal and shall be maintained by the Clerk of Courts under seal until otherwise ordered by the Court or agreed upon by the parties in writing. The party seeking to file the material under seal shall seek leave of court to do so and specify the underlying basis for the confidentiality designation. Only the Court, counsel of record for the respective parties, as well as the parties, shall have access to such confidential information.

7. The parties and their attorneys agree that any document or information submitted as "CONFIDENTIAL" pursuant to paragraph 1, above, is to be treated as such until the parties agree otherwise in writing or until the Court otherwise orders. If a party objects to the designation by another party of documents or information as "CONFIDENTIAL" such objecting party shall have twenty (20) days from receipt of such designation to contact the producing party to negotiate or reject the designation. If the parties cannot agree on the designation, the objecting party shall have ten (10) days to file an appropriate ...