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Cusco Fabricators, LLC v. Jack Doheny Companies, Inc.

United States District Court, W.D. North Carolina

May 24, 2017

CUSCO FABRICATORS, LLC Plaintiff,
v.
JACK DOHENY COMPANIES, INC. Defendant.

          Alan Howard Crowell & Moring LLP Counsel for Plaintiff Cusco Fabricators, LLC.

          Russ Ferguson ( N.C. Bar No. 39671) Womble Carlyle Sandridge & Rice, LLP Counsel for Plaintiff Cusco Fabricators, LLC.

          Eric H. Cottrell ( N.C. Bar No. 21994) Parker Poe Adams & Bernstein LLP Counsel for Defendant Jack Doheny Companies, Inc.

          STIPULATED PROTECTIVE ORDER

          Graham C. Mullen Judge.

         Plaintiff, Cusco Fabricators, LLC (“Cusco”) and Defendant, Jack Doheny Companies, Inc. (“JDC”) (individually “a Party” and collectively “the Parties”), recognize that some of the documents, testimony and materials that will be produced by the Parties and third-parties in discovery may include information which is or is claimed to be proprietary, a trade secret or otherwise confidential research, development, technical, commercial, or financial information. Accordingly, the Parties wish to establish rules and procedures governing the treatment of such information, and have conferred in good faith with respect to the terms of this Protective Order pursuant to Fed.R.Civ.P. 26(c). The production of information which a Party or a third-party contends is proprietary, a trade secret or otherwise confidential research, development, technical, commercial or financial information shall be governed by this Stipulated Protective Order (“Protective Order”).

         IT IS HEREBY ORDERED, pursuant to Fed.R.Civ.P. 26(c), and for good cause shown, that the following provisions shall govern the handling of confidential information in this action:

         A.Discovery Material.” As used in this Protective Order, the term “discovery material” shall encompass all documents, data, deposition testimony and exhibits, interrogatory answers, responses to requests for admission, and any other written, recorded, transcribed or graphic matter produced by any party (or its employees or former employees) or third party during the discovery process in this action, any copies thereof, and information contained therein, as well as any information accessed, downloaded or in any way obtained by or from the Parties or any third-party.

         B. “Designating Party.” As used in this Protective Order, the term “Designating Party” shall mean any party to this action, as well as any third party to this action (including counsel for such third party), who requests the protections provided by this Protective Order and produces discovery material.

         C. Designation of Confidential Information. In producing, providing or revealing discovery material, any Designating Party may designate as “CONFIDENTIAL” the whole or any part of such discovery material which the Designating Party deems in good faith to be proprietary, a trade secret or otherwise confidential research, development, technical, commercial or financial information to the extent (1) such information is not publicly known, (2) such information cannot be ascertained from an inspection of publicly available documents, materials or devices, (3) the Designating Party maintains such information in confidence, and (4) the Designating Party believes that unprotected disclosure of such information might result in economic or competitive injury. If a Designating Party determines in good faith that discovery material requires protection under the terms of this Protective Order, it shall advise the Parties of this fact, and all copies of such discovery material or portions thereof shall be marked “CONFIDENTIAL” and treated in accordance with the terms of this Protective Order. In addition to the “CONFIDENTIAL” designation, parties may designate as “HIGHLY CONFIDENTIAL” any especially sensitive information the disclosure of which to a competitor could cause competitive harm, including but not limited to: strategic planning information and any information that reflects or memorializes pricing or costing offered by a Disclosing Party and/or documents concerning product design, modeling, development, and/or production of a Disclosing Party. Discovery material designated under this Protective Order as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” shall collectively be referred to as “Protected Information.”

         D. Use of Protected Information. All Discovery Material, including CONFIDENTIAL or HIGHLY CONFIDENTIAL documents or information designated or marked as provided herein, shall be used by the recipient solely for the purposes of this action, and shall not be disclosed to anyone other than those persons identified herein and shall be handled in the manner set forth herein until such designation is removed by the Designating Party or by order of the Court.

         E. Use of Protected Information in Depositions. The Parties shall have the right to use Protected Information at or for the purpose of taking depositions, subject to the terms of this Protective Order. At any deposition, upon inquiry with regard to the content of a document marked “CONFIDENTIAL” or whenever counsel for a Party or third-party deems that the answer to the question may result in the disclosure of Protected Information, or whenever counsel for a Party or third-party deems that the answer to any question has resulted in the disclosure of Protected Information, the deposition (or portions thereof) may be designated by the affected Party or third-party as containing Protected Information subject to the provisions of this Order. Counsel for the affected Party or third-party may direct that the question and answer be transcribed separately from the remainder of the deposition transcript and marked “CONFIDENTIAL” (or “HIGHLY CONFIDENTIAL”) as may be appropriate. When such direction has been given, the designated testimony shall be disclosed only to those individuals specified herein, and the information contained therein shall be used only as specified herein. Counsel for the Party or third-party whose Protected Information is involved may also request that all persons not entitled under this Protective Order to have access to the Protected Information leave the room during the confidential portion of the deposition. Failure of such other persons to comply with a request to leave the deposition shall constitute substantial justification for counsel to advise the witness not to answer the question seeking the revelation of Protected Information. Counsel must designate portions of a deposition transcript in accordance with this Order within twenty (20) days of receiving the transcript. Designations may be made by letter to counsel of record. Portions of deposition transcripts so designated shall be treated as Protected Information by the parties as set forth herein. During the twenty (20) day period, the entire transcript shall be treated as Protected Information.

         F. Disclosure of discovery material designated “CONFIDENTIAL” orHIGHLY CONFIDENTIAL.”Discovery Material designated “CONFIDENTIAL” and produced pursuant to this Protective Order may be disclosed or made available only to the Court and to the persons designated below:

1) Current employees or officers of the Producing Party;
2) Current employees or officers of each party involved in the prosecution, defense, or ...

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