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Englebrick v. Worthington Industries

August 19, 2009

BRADLEY ENGLEBRICK AND ROXANNE HERNANDEZ PLAINTIFFS,
v.
WORTHINGTON INDUSTRIES, INC.; NEWELL OPERATING COMPANY DBA BERNZOMATIC CORPORATION; LOWE'S AND DOES 1 THROUGH 100 DEFENDANTS.



The opinion of the court was delivered by: Marc L. Goldman United States Magistrate Judge

[PROPOSED] ORDER ON STIPULATED PROTECTIVE ORDER

ORDER

Plaintiffs BRADLEY ENGLEBRICK and ROXANNE HERNANDEZ (together "Plaintiffs"), and defendants WORTHINGTON INDUSTRIES, INC. ("Worthington"), and BERNZOMATIC an unincorporated division of Irwin Industrial Tool Company, erroneously sued herein as Newell Operating Company dba Bernzomatic Corporation ("Bernzomatic") by and through their respective counsel, hereby stipulate and agree to the request for, and entry of, the following Protective Order

1. PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as confidential.

2.DEFINITIONS

2.1 Party: any party to this action and any party-affiliated entity that may be subsequently added to this action, including all of its officers, directors, employees, and outside counsel (and their support staff).

2.2 Disclosure or Discovery Material: all items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.

2.3 "Confidential" Information or Items: information, whether or not embodied in any physical medium, including all originals and copies of any documents and/or information, used by the Producing Party in or pertaining to its business, which information the Producing Party reasonably and in good faith believes contains or concerns confidential, non-public, proprietary and/or sensitive information including, but not limited to, information regarding a party's finances, information regarding a party's customers, processes for handling consumer claims, products, services, research & development, manufacturing, purchasing, accounting, engineering, designing, distribution, financial data, technical information, product specifications, testing procedures, test criteria and results, personnel records and information, non-public submissions and communications with governmental agencies, proprietary or nonpublic commercial information, information involving privacy interests, and commercial and/or competitively sensitive information of a nonpublic nature, or received on a confidential basis. By way of example only, such information includes schematics, designs, models, drawings, memoranda, specifications, computer software, computer printouts, computer programs, development tools and processes, technical data and improvements. It also includes plans or proposals with regard to any of the foregoing whether implemented or not and any electronic data recorded, sent or retrieved by any means that contains any of the foregoing information.

2.4 "Highly Confidential - Attorneys' Eyes Only" Information or Items: extremely sensitive "Confidential Information or Items" whose disclosure to another Party or non party would create a substantial risk of serious injury that could not be avoided by less restrictive means.

2.5 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.

2.6 Producing Party: a Party or non-party that produces Disclosure or Discovery Material in this action.

2.7 Designating Party: a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as "Confidential" or "Highly Confidential - Attorneys' Eyes Only."

2.8 Protected Material: any Disclosure or Discovery Material that is designated as "Confidential" or as "Highly Confidential - Attorneys' Eyes Only."

2.9 Outside Counsel: attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action.

2.10 House Counsel: attorneys who are employees of a Party or who are employees of a parent of a Party and who are providing certain legal services to such Party.

2.11 Counsel (without qualifier): Outside Counsel and House Counsel (as well as their support staffs).

2.12 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action. This definition includes a professional jury or trial consultant retained in connection with this litigation.

2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.

3. SCOPE

The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also any information copied or extracted in part, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by parties or counsel to or in court or in other settings that might reveal Protected Material.

4. DURATION

Even after the termination of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs and then such confidentiality obligations shall cease to remain in effect only as to that material subject to the Designating Party's written agreement or the court order.

5. DESIGNATING PROTECTED MATERIAL

5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or non-party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. A Designating Party must take care to designate for protection only those parts of material, documents, items, or oral or written communications that qualify - so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order.

5.2 Mass, indiscriminate, or routine designations are prohibited. If it comes to a Party's or a non-party's attention that information or items that it designated for protection do not qualify for protection at all, or do not qualify for the level of protection initially asserted, that Party or non-party must ...


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