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FLINTKOTE COMPANY v. GENERAL ACCIDENT ASSU. CO. OF CANADA

September 1, 2005.

THE FLINTKOTE COMPANY, a Delaware corporation, Plaintiff,
v.
GENERAL ACCIDENT ASSURANCE COMPANY OF CANADA, a Canada insurance company, GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION LIMITED OF PERTH, SCOTLAND, a Scotland insurance company; and DOES ONE through TEN, Defendants.



The opinion of the court was delivered by: MARILYN PATEL, Chief Judge District

STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION
WHEREAS, the parties to this Stipulated Protective Order wish to exchange documents and deposition testimony between themselves but do not intend that certain documents and information disclosed in deposition testimony or written discovery should lose their proprietary confidential nature by virtue of such exchange, or that other confidential information be disseminated.

  IT IS HEREBY STIPULATED by the Flintkote Company ("Flintkote") and Aviva Insurance Company and Canada (sued as General Accident Assurance Company of Canada) ("Aviva") (collectively, the "Parties"), acting through their respective counsel of record, that the terms and conditions of this protective order shall be applicable to and govern the treatment of information, depositions, documents, writings and other tangible things disclosed, produced, provided or exchanged by the Parties and material produced by third-party witnesses in this action ("Confidential Information" as defined in paragraph 2, below) as follows:

  1. Proceedings and Information Governed. This order is applicable to the Parties, including any person or entity made a party to this action after the Effective Date of this order, and will govern any document, video or audio recording, information, or other thing furnished by the Parties, including third parties, to any other Party in connection with the discovery and pretrial phase of this action. The information protected includes, but is not limited to, responses to requests to produce documents or other things; responses to interrogatories; responses to requests for admissions; deposition testimony and exhibits; responses to subpoenas, and all copies, extracts, summaries, compilations, designations, and portions of the foregoing. This order does not govern proceedings during trial, nor does it prohibit the Parties from seeking a protective order to govern proceedings during trial.

  2. Confidential Information Defined. For the purposes of this order, "Confidential Information" will mean all information, documents, video or audio recording, computer disks or any other material that is produced to or disclosed to a receiving party, which is stamped with the words "Confidential Information." With respect to deposition testimony, any attorney for any of the Parties may unilaterally declare that any information discussed on the record during a deposition, and the transcript of any deposition, contains Confidential Information by so indicating on the record at any time during the deposition. If any attorney for any of the Parties so declares, both the deposition transcript and all information discussed on the record during such deposition shall be subject to this Stipulated Protective Order.

  3. Information Not Governed by this Order. The restrictions of this order will not apply to any information that:

  (a) At the time of the disclosure to a qualified recipient (as defined in paragraph 5) is in the public domain;

  (b) After disclosure to a qualified recipient becomes part of the public domain as a result of publication not involving a violation of this order;

  (c) A qualified recipient can show was received by it from a source who obtained the information lawfully and under no obligation of confidentiality to the producing party.

  4. Scope of Restriction. The restrictions on the use of Confidential Information established by this order apply to the use by a Party of Confidential Information received from another Party or any third person or entity.

  5. Persons Authorized to Receive Confidential Information. With respect to Confidential Information exchanged between the Parties, and for the purpose of this Order, "Qualified Recipient" will mean, with respect to Confidential Information that is designated as "Confidential Information," only the persons identified in sub-paragraphs (a) through (j) of this paragraph:

  (a) The attorneys of record in this action and any attorneys retained by the Parties to consult on the litigation; their respective partners, associates, clerks, legal assistants, and stenographic and support personnel; and organizations and their employees, retained by such attorneys to provide litigation support services in this action;

  (b) Independent experts and consultants, and their employees, retained in this action by the attorneys of record subject to their execution of the "Agreement to be Bound by the Stipulation and Protective Order Regarding Confidential Information," attached hereto as Exhibit 1 (counsel for the Parties shall require each consultant and/or expert retained in this action, as well as each person assisting each consultant and/or expert, to execute Exhibit 1 attached hereto prior to providing the consultant and/or expert with any confidential information);

  (c) The individual Parties to this action;

  (d) The Parties' officers, directors, and employees;

  (e) The persons who are the authors or addressees of ...


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