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G.M.F. v. Marye-Kelley

September 16, 2009

G.M.F., AN INDIVIDUAL MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, BRUCE FINE, BRUCE FINE, AN INDIVIDUAL, PLAINTIFFS,
v.
MARYE-KELLEY, LLC, A TEXAS LIMITED LIABILITY COMPANY, D/B/A MARYE-KELLEY, AND DOES 1 TO 10, INCLUSIVE, DEFENDANTS.



STIPULATED PROTECTIVE ORDER [Proposed Order Filed Concurrently Herewith] Complaint

Filed: January 20, 2009

NOTE CHANGES MADE BY THE COURT ON PARAGRAPH 18

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court hereby enters the following Protective Order (hereinafter, "Order").

1. DEFINITIONS

a. Producing Party: The phrase "Producing Party" shall mean any party to this action or any third party, including its counsel, retained experts, directors, officers, employees, or agents, who produces any Discovery Material (as defined below) during discovery for this action, or one who designates any Discovery Material produced by another party or third party.

b. Receiving Party: The phrase "Receiving Party" shall mean any party to this action, including its counsel, retained experts, directors, officers, employees, or agents, who receives any Discovery Material.

c. Document: The term "Document" shall mean every means of recording any information in any tangible form including but not limited to, communication or representation upon any tangible thing, such as letters, words, pictures, sounds, or symbols, or combinations thereof, whether recorded by handwriting, printing, photostatic, or photographic means, magnetic impulse, tape, computer disk, CD-ROM or any other form of data storage, data compilation, or mechanical or electronic recording, and all other tangible things which come within the meaning of writing contained in Rule 1001 of the Federal Rules of Evidence, or within the meaning of "document" or "tangible thing" contained in Rule 34 of the Federal Rules of Civil Procedure.

d. Discovery Material: The phrase "Discovery Material" shall mean any document, material, item, testimony, or thing filed with or presented to the Court or produced, served, or generated during the discovery process, including, for example, exhibits, answers to interrogatories, responses to requests for admissions, responses to requests for production, subpoenas, declarations, affidavits, and deposition testimony or transcripts, and all copies, extracts, summaries, compilations, designations, and portions thereof; briefs and other filings that contain such information.

e. Designated Material: The phrase "Designated Material" shall mean any Discovery Material designated by the Producing Party as "CONFIDENTIAL MATERIAL" or "RESTRICTED MATERIAL-ATTORNEYS' EYES ONLY," which the Producing Party believes in good faith contains trade secrets and/or other confidential, competitive or proprietary business information used by it in, or pertaining to, its business which the party takes appropriate efforts to keep confidential or which the party is otherwise required to keep confidential by agreement or law. Unless otherwise agreed to by the parties, Designated Materials shall be limited to the following categories:

f. Client Information: The phrase "Client Information" shall mean any document or combination of documents that relate to or comprise the Producing Party's customer information (including, but not limited, to telephone number, street address, and credit card information) maintained or contained in forms such as client lists, mailing lists, invoices and receipts, shall be protected in a manner necessary to preserve the Producing Party's trade secret or other privileged information contained therein.

g. Business Plan: The phrase "Business Plan" shall mean any document or combination of documents (including but not limited to meeting minutes, presentations, reports and business strategies) that relate to or comprise a strategy, formula, scheme or plan that summarizes or details the manner in which the Producing Party operates, runs, manages, oversees, implements or controls its prospective business ideas, products, services, activities, business partners, suppliers, and service providers, shall be protected in the manner necessary to preserve the Producing Party's trade secret or privileged information contained therein.

h. Advertising Plan: The phrase "Advertising Plan" shall mean any document, or combination of documents (including but not limited to communications with advertisers, and document containing advertising strategies) that relate to or comprise a strategy, scheme or plan which summarizes or details the manner in which the Producing Party operates, runs, manages, oversees or controls its marketing, media and advertising activities, shall be protected in a manner necessary to preserve the Producing Party's trade secret or other privileged information contained therein.

i. Financial Information: The phrase "Financial Information" shall mean any document or combination of documents, such as bookkeeping records, tax forms and filings, financial statements, bank records, investment records, employee account records, business transactional records, and shareholder records which contain, summarize, or detail confidential business deals, transactions or actions, shall be protected in a manner necessary to preserve the Producing Party's trade secret or other privileged information contained therein.

2. SCOPE OF THIS ORDER

This Order shall be applicable to and govern all depositions, documents produced in response to requests for production of documents, answers to interrogatories, responses to requests for admission and all other discovery taken pursuant to the Federal Rules of Civil Procedure, as well as documents produced by either party in response to informal discovery requests which the Disclosing Party designates as "CONFIDENTIAL MATERIAL" or "RESTRICTED MATERIAL-FOR ATTORNEYS' EYES ONLY" hereafter furnished or already in the possession of the Receiving Party, directly or indirectly, by or on behalf of any party in connection with this action. The Order shall also apply to any information copied from the Designated Material, and all copies, excerpts, and summaries thereof, as well as testimony and oral conversations which reveal that information.

3. PROTECTION FOR DESIGNATED MATERIAL

Designated Material, as defined and categorized under paragraph 1(e), shall be protected under this Order to prevent unintended disclosure of confidential trade secret and privileged information contained therein.

4. DESIGNATIONS

In designating Discovery Material as "CONFIDENTIAL MATERIAL" or "RESTRICTED MATERIAL-FOR ATTORNEYS' EYES ONLY," a party shall make such a designation only for Discovery Material which that party in good faith believes contains trade secret or other confidential, competitive or proprietary business information used by it in, or pertaining to, its business which the party takes appropriate efforts to keep confidential or which the party is otherwise required to keep confidential by agreement or law. For a designation of Discovery Material as "RESTRICTED MATERIAL-FOR ATTORNEYS' EYES ONLY" the party must additionally believe in good faith that the Discovery Material must be protected from disclosure to the parties themselves in this litigation and must be subject to the restricted disclosure provided for below. The designations, CONFIDENTIAL MATERIAL and RESTRICTED MATERIAL-FOR ATTORNEYS' EYES ONLY, shall be used solely for the purpose of conducting this litigation and not for any other purpose.

5. ACCESS TO DESIGNATED MATERIAL

a. Discovery Material designated as "CONFIDENTIAL MATERIAL" may be disclosed only to the following persons:

i. Counsel of record to any party in connection with this action, including in-house counsel;

ii. any paralegal assistants, stenographic and clerical employees working under the direct supervision of such counsel;

iii. any parties to this action who are individuals, and the employees, directors or officers of parties to this action who are corporations or partnerships, to the extent necessary to further the interest of the parties in this litigation;

iv. any person not employed by a party who is expressly retained or sought to be retained by any attorney described in paragraph 5(a)(i) to assist in the preparation of this action for trial, with disclosure only to the extent necessary to perform such work;

v. any witnesses who appear for deposition in this matter, and their counsel of record, during the course of their testimony, upon the witness being advised of the need and agreeing to keep the Designated Material confidential; and

vi. the Court.

b. Discovery Material designated as "RESTRICTED MATERIAL- FOR ATTORNEYS' EYES ONLY" may be disclosed ...


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