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Sperian Respiratory Protection USA, LLC v. Draeger Safety

March 24, 2009

SPERIAN RESPIRATORY PROTECTION USA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
DRAEGER SAFETY, INC., A DELAWARE CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Hon. Andrew J. Guilford

[PROPOSED] STIPULATED PROTECTIVE ORDER

STIPULATED PROTECTIVE ORDER

WHEREAS, theparties consider certain information likely to be disclosed during discovery to be confidential within the meaning of Rule 26(c) of the Federal Rules of Civil Procedure;

WHEREAS, the parties mutually desire that a protective order limiting use, access to, and disclosure of such confidential information be entered;

It is hereby AGREED and STIPULATED among the parties and ORDERED pursuant to Rule 26(c) of the Federal Rules of Civil Procedure as follows:

1. Any document, deposition testimony, or other information disclosed in this case, or any portion thereof, may be designated as "Confidential" or "Highly Confidential Attorneys' Eyes Only" by any party or witness if such party or witness reasonably believes in good faith that such material is properly entitled to protection under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure, and the information is of the following type: (a) a trade secret entitled to protection under the Uniform Trade Secrets Act, as adopted in California or Pennsylvania, (b) technical, financial, or marketing information which the disclosing party reasonably believes would cause competitive harm to the disclosing party if it were publicly disclosed, or (c) information which the disclosing party has independently agreed in the ordinary course of business to maintain in confidence for the benefit of a third party. No material shall be designated "Confidential" or "Highly Confidential Attorneys' Eyes Only" if the material has been published, distributed to the public, or disclosed to a non-party without a confidentiality agreement or a reasonable expectation that the material would be maintained by the non-party in confidence.

2. Information, documents, or other things subject to protection under this Order ("Protected Material") shall be identified as "Confidential" or "Highly Confidential Attorneys' Eyes Only." The words "Confidential" or "Highly Confidential Attorneys' Eyes Only" shall be placed clearly on each page or portion of the Protected Material at the time the Protected Material is produced. If a party through inadvertence produces or provides discovery of any Protected Material without first labeling, marking or designating it as "Confidential" or "Highly Confidential Attorneys' Eyes Only," then the producing party may, within ten (10) days after the discovery of the inadvertent production, give written notice to the receiving party or parties that the Protected Material is "Confidential" or "Highly Confidential Attorneys' Eyes Only" and should be treated in accordance with the provisions of this Order. The receiving party or parties must treat such Protected Material in accordance with this Order from the date such notice is received. Disclosure of such Protected Material prior to receipt of such notice to persons not authorized to receive it shall not be deemed a violation of this Order; however, those persons to whom disclosure was made shall be promptly advised by the receiving party that the material disclosed was "Confidential" or "Highly Confidential Attorneys' Eyes Only" and must be treated in accordance with this Order.

3. In the event the producing party elects to produce files and records for inspection, and the inspecting party desires to inspect files, no marking need be made by the producing party in advance of the initial inspection. For purposes of the initial inspection, all documents and information within the produced files shall be considered as designated "Highly Confidential Attorneys' Eyes Only." Thereafter, upon selection of specified documents for copying by the inspecting party, the producing party shall mark the copies of such documents as may contain Protected Material with the appropriate confidentiality marking at the time the copies are produced to the inspecting party.

4. Protected Material classified as "Confidential" may be disclosed only to the following persons, except upon the prior written consent of the designating party or further order of the Court:

a. Outside attorneys of record in this matter, and regular employees of such attorneys assigned to and necessary to assist in the conduct of this action;

b. Officers, employees, and in-house counsel for each party, provided that they are materially involved in the prosecution, defense, or settlement of this matter, and provided further that such persons comply with Paragraph 7 of this Stipulated Protective Order;

c. Independent experts and consultants, including jury consultants, trial consultants, and graphics and animation specialists (collectively, "experts") retained in this action by the outside attorneys of record, provided that the expert satisfies the conditions set forth in Paragraph 5 of this Protective Order;

d. A witness during a deposition or at trial who, on the face of the document, is clearly an author or recipient of the document;

e. Court reporters or videographers who are neither past nor present employees of any party and who are preparing transcripts of ...


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