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ABB Inc. v. Rennie

United States District Court, E.D. North Carolina, Western Division

November 30, 2017

ABB INC., Plaintiff/Counterclaim- Defendant,
v.
JON RENNIE, STEPHEN LINDSAY, STEVE CHU, LEI WANG, MICHAEL BRICKER, Defendants, PEAK DEMAND, INC., Defendant/Counterclaim-Plaintiff.

          KELLAM WARREN N. C. State Bar No. 26811 ANNIE REUBEN N. C. State Bar No.: 43154, Attorneys for Defendants

          M. ROBIN DAVIS N. C. State Bar No. 21655 TED N. KAZAGLIS N. C. State Bar No. 36452 JASON V. FEDERMACK N. C. State Bar No. 46014, Attorneys for Plaintiff

          REVISED STIPULATED PROTECTIVE ORDER

          HON. LOUISE W. FLANAGAN, UNITED STATES DISTRICT COURT JUDGE

         This Revised Stipulated Protective Order (“Protective Order”) is made and entered into by and between Plaintiff, ABB Inc. (hereinafter referred to as “Plaintiff” or “ABB”), and Defendants, Jon Rennie, Stephen Lindsay, Steve Chu, Lei Wang, Michael Bricker, and Peak Demand, Inc. (“Peak Demand”) (hereinafter collectively referred to as “Defendants”), by and through their respective counsel of record, and in compliance with the requirements of this Court, and the direction contained in the Case Management Order [DE # 41].

         1. This case involves claims and counterclaims asserted by competitors that relate to ABB's contention that Defendants misappropriated confidential and/or trade secret information and Defendants' denial of the same and contrary assertion that Peak Demand independently developed its products. The parties anticipate that discovery (and potentially review to be conducted by independent thirty party consultants, including experts) will involve the exchange of documents and information that the Parties claim is confidential and/or trade secret information concerning the business or personal affairs of the Parties.

         2. As used in this Protective Order, the following words and phrases shall have the following meanings:

a. “Party” or “Parties” mean any or all parties to this action, any signatories to this Protective Order, their employees, agents and representatives.
b. “Document” shall be construed in its broadest sense and means: (1) any written, printed, typed, recorded, photographic, transcribed, or graphic or digital matter however produced or reproduced, including film impressions, magnetic tape, sound or mechanical reproductions, audiotapes, videotapes and/or any information contained within computer hard drives, storage discs, or any other means of storage or maintenance of electronic media; and (2) any copies, reproductions, or summaries of the foregoing, including video and/or digital images or electronic copies.
c. “Confidential Material” means all Documents, or portions of Documents, as well as any copies, summaries, abstracts, testimony, electronically stored information, or any other items, derived from or containing information which a Party in good faith believes reveals confidential business or personal information of a sensitive nature that the Party designates as “Confidential” in accordance with this Protective Order.
d. “Attorneys' Eyes Only Material” means all Documents, or portions of Documents, as well as any copies, summaries, abstracts, testimony, electronically stored information, or any other items, derived from or containing information or material which a Party in good faith believes reveals extremely sensitive and/or highly confidential business or personal information, the disclosure of which would create a substantial risk of injury to the proprietary, business, competitive, security, and/or privacy interests of the Parties and/or nonparties, which injury could not be avoided by less restrictive means that the Party designates as “Attorneys' Eyes Only” in accordance with this Protective Order.

         3. During the pendency of this action, unless otherwise ordered by the Court, the following procedures shall govern the discovery and exchange of documents and information in the above-captioned action:

a. Documents and other material claimed to be Confidential Material shall, prior to production, be marked by the producing party as “Confidential” or by otherwise notifying counsel of this designation in writing. Copies, extracts, summaries, notes, and other derivatives of Confidential Material also shall be deemed Confidential Material and shall be subject to the provisions of this Protective Order.
b. Stamping, printing or writing “Confidential” on the cover or first page of any multi-page Document shall designate all pages of the Document, unless otherwise specifically indicated by the producing Party.
c. Documents and other material produced that are not identified as “Confidential” at the time of production by the producing Party may thereafter be identified as such by the producing Party, or by the Party or Parties receiving the production of such Documents or material, by written notice served on each Party. Each Party who receives such written notice shall endeavor to retrieve any Confidential Material that may have been disseminated, shall affix the appropriate designation to it, shall notify all persons to whom such Confidential Material was disseminated of the restrictions on the use and dissemination of such information, and shall thereafter distribute ...

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