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Herrmann International, Inc. v. Herrmann International Europe

United States District Court, W.D. North Carolina, Asheville Division

June 4, 2019

HERRMANN INTERNATIONAL, INC. and HERRMANN GLOBAL, LLC, Plaintiffs,
v.
HERRMANN INTERNATIONAL EUROPE, HERRMANN TECHNOLOGIE, BRAIN RESSOURCES, and LIONEL MARC VUILLEMIN, Defendants.

          PROTECTIVE ORDER

          MARTIN REIDINGER UNITED STATES DISTRICT JUDGE.

         THIS MATTER is before the Court on the parties' Stipulation and Fed.R.Evid. 502(d) Agreement [Doc. 35].

         The parties, through their counsel of record, have stipulated that the Court may enter a protective order to safeguard confidential and attorneys' eyes only information produced or disclosed in this litigation. The parties stipulate that this Protective Order is necessary because this case involves the parties' confidential and proprietary information; the parties may make requests for information that would call for confidential, proprietary and/or trade secret information; and this information could lose its value if disclosed to the public or improperly used outside of this litigation. The parties further stipulated that during the course of this litigation, it is also likely that the parties' confidential, proprietary and/or trade secret information will be submitted to the Court to assist in ruling on various motions, and that this information could lose its value and legally protected status if disclosed to the public.

         In light of the parties' stipulation, the Court hereby enters the following Order.

         IT IS, THEREFORE, ORDERED that the following Protective Order shall be entered in this matter and that the Parties shall follow the procedures set forth below with respect to proprietary and trade secret information contained in information, documents, or things produced in this litigation:

         1. This Protective Order shall be applicable to and govern all depositions, documents, information or things produced in response to requests for production of documents, answers to interrogatories, responses to requests for admissions and all other discovery taken pursuant to the Federal Rules of Civil Procedure, as well as testimony adduced at trial or other hearings, matters in evidence and other information that the disclosing party designates as “CONFIDENTIAL” or “ATTORNEYS' EYES ONLY” hereafter furnished, directly or indirectly, by or on behalf of any party or any non-party witness in connection with this action. As used herein, “disclosing party” shall refer to the parties to this Protective Order and to other parties (whether other parties to this action or third parties) who give testimony or produce documents or other information.

         2. The following information may be designated as CONFIDENTIAL: any trade secret or other confidential or proprietary research, design, development, financial, or commercial information contained in any document, discovery response, or testimony;

         3. The following information may be designated as ATTORNEYS' EYES ONLY: information that would fall within the scope of Paragraph 2 but that the disclosing party in good faith reasonably believes to comprise particularly sensitive confidential material that warrants further restricted disclosure and should in no event be communicated to or discussed with the other party, including personally identifiable information of third-party individuals that is or may be protected pursuant to law, including pursuant to laws of regulations of the United States or elsewhere. Information may only be designated ATTORNEYS' EYES ONLY if the disclosing party believes in good faith that designation as CONFIDENTIAL will not provide adequate protection.

         4. A disclosing party may also designate material as CONFIDENTIAL or ATTORNEYS' EYES ONLY if it contains information that the disclosing party, in good faith, believes is confidential or proprietary to a third party.

         5. Disclosing parties shall designate CONFIDENTIAL or ATTORNEYS' EYES ONLY information as follows:

         (a) In the case of discovery responses and the information contained therein, designation shall be made by placing the following legend on every page of any such document prior to production: CONFIDENTIAL or ATTORNEYS' EYES ONLY. In the event that a party inadvertently fails to stamp or otherwise designate a document or other information as CONFIDENTIAL or ATTORNEYS' EYES ONLY at the time of its production, that party shall have ten (10) business days after such production to so stamp or otherwise designate the document or other information.

         (b) In the case of depositions, designation of the portion of the transcript (including exhibits) which contains CONFIDENTIAL or ATTORNEYS' EYES ONLY information shall be made by a statement to such effect on the record in the course of the deposition or, upon review of such transcript, by counsel for the party to whose CONFIDENTIAL or ATTORNEYS' EYES ONLY information the deponent has had access. If a party wishes to designate portions of a deposition transcript under this Protective Order after a deposition, that party's counsel shall make such designation within ten (10) business days after counsel's receipt of the final transcript (the "Review Period"). Counsel shall list on a separate piece of paper the numbers of the pages of the transcript containing CONFIDENTIAL or ATTORNEYS' EYES ONLY information, insert the list at the end of the transcript, and mail copies of the list to counsel for all parties so that it may be affixed to the face of the transcript and each copy thereof. Until the expiration of the Review Period, the entire deposition transcript (including all versions thereof) shall be deemed ATTORNEYS' EYES ONLY. If no designation is made during the deposition or within the Review Period, the transcript shall be considered not to contain any CONFIDENTIAL or ATTORNEYS' EYES ONLY information.

         (c) Transcripts of depositions will not be filed with the Court unless it is necessary to do so for purposes of hearings, trial, motions for summary judgment, or other matters. If a deposition transcript is filed and if it contains CONFIDENTIAL or ATTORNEYS' EYES ONLY information, the transcript shall bear the appropriate legend on the caption page and shall be filed under seal in accordance with governing rules.

         (d) Any CONFIDENTIAL or ATTORNEYS' EYES ONLY information produced in a non-paper media (e.g., videotape, audiotape, computer disk, etc.) may be designated as such by labeling the outside of such non-paper media as CONFIDENTIAL or ATTORNEYS' EYES ONLY. In the event such non-paper media is transmitted via email the producing party may designate the information produced as CONFIDENTIAL or ATTORNEYS' EYES ONLY by so identifying such media in the email. In the event a receiving party generates any “hard copy, ” transcription, or printout from any such designated non-paper media, such party must stamp each page CONFIDENTIAL or ATTORNEYS' EYES ONLY and the hard copy, transcription or printout shall be treated as it is designated.

         6. If portions of documents or other materials deemed “CONFIDENTIAL” or any papers containing or making reference to such materials are to be filed with the Court, the filing party shall seek leave to file such materials under seal. Such materials shall be filed provisionally under seal along with the motion to seal and marked as follows or in substantially similar form:

         CONFIDENTIAL

         FILED UNDER SEAL: THIS DOCUMENT SHALL NOT BE SHOWN TO ANY PERSON OTHER THAN THOSE PERSONS DESIGNATED IN PARAGRAPH 8 OF THE STIPULATED PROTECTIVE ORDER

         If portions of documents or other materials deemed “ATTORNEYS' EYES ONLY” or any papers containing or making reference to such materials are to be filed with the Court, the filing party shall seek leave to file such materials under seal. Such materials shall be filed provisionally under seal along with the motion to seal and marked as follows or in substantially similar form:

         ATTORNEYS' EYES ONLY

         FILED UNDER SEAL: THIS DOCUMENT SHALL NOT BE SHOWN TO ANY PERSON OTHER THAN THOSE PERSONS DESIGNATED IN PARAGRAPH 9 OF THE STIPULATED PROTECTIVE ORDER

         The Clerk is directed to make available to all counsel of record, via remote electronic access, all documents filed under ...


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