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Gary Gonsalves v. Nationwide Mutual Insurance Company

May 1, 2013

GARY GONSALVES, PLAINTIFF,
v.
NATIONWIDE MUTUAL INSURANCE COMPANY,
DEFENDANTS.



The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

STIPULATED PROTECTIVE ORDER

Upon consideration of the parties' Stipulated Protective Order and for good cause shown, the court HEREBY APPROVES the parties' Stipulated Protective Order, except as modified below and denoted by strikethrough marks and bolded text.

TO THE COURT, ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:

IT IS HEREBY STIPULATED AND AGREED to, by and between the parties to this action, through their respective attorneys of record, HINES CARDER for Defendant, Nationwide Mutual Insurance Company ("NATIONWIDE"), and WAGNER KIRKMAN BLAINE, KLOMPARENS & YOUMANS LLP, and EVANS & MCFARLAND, LLC, for Plaintiff Gary Gonsalves ("Plaintiff"), that certain documents produced in connection with discovery proceedings in this action shall be subject to the following confidentiality agreement ("the Agreement"):

1. The documents that are the subject of this Agreement include proprietary and confidential documents of NATIONWIDE containing trade secret or other confidential research, development or commercial information, and which NATIONWIDE contends are protected by trade secret privileges under Civil Code § 3426 et seq. and Federal Rule of Civil Procedure 26 and which NATIONWIDE is producing to Plaintiff pursuant to discovery procedures while the above-referenced action is pending and marked by NATIONWIDE as "CONFIDENTIAL" ("Confidential Documents"). NATIONWIDE may seek leave from the Court at any time to designate documents as "CONFIDENTIAL" that have been inadvertently produced without having been marked as such due to human error, but may only seek the court's intervention if counsel are unable to resolve issues in connection with such inadvertent production after thoroughly meeting and conferring thereon.

2. The Confidential Documents, and all copies or extracted therefrom, excerpts, summaries, compilations, testimony, conversations, presentations by parties or counsel to or in court, or in any other settings that might reveal said information, and information learned from the Confidential Documents, are confidential and proprietary in nature and protected by privacy rights and trade secret laws. It is the intent of the parties to preserve the confidentiality of the Confidential Documents and the information learned from it. The Confidential Documents and the information learned from them are not to be used in any fashion other than for the purposes of this litigation, and are not to be disclosed to any persons or entities except as set forth in the Agreement, and are to be kept confidential to the greatest extent possible, even within the confines of this litigation.

3. In the event NATIONWIDE marks any document or testimony "CONFIDENTIAL" which Plaintiff believes is not protected by any trade secret privilege or is not confidential or proprietary in nature, the parties shall within thirty (30) days of Plaintiff's request, meet and confer in good faith regarding removal of the "CONFIDENTIAL" designation. In the event the parties are unable to reach an agreement regarding designation of the documents as Confidential Documents subject to this Agreement or designation of testimony as subject to the restrictions of this Agreement, Plaintiff shall move the Court for an order de-designating the subject documents as "CONFIDENTIAL," and nothing within this Agreement or corresponding order shall preclude Plaintiff from making such motion. The burden of persuasion of any challenge proceeding shall be on the designating party. The parties agree to continue to afford the material confidential protection until the Court rules on any such motion.

4. The parties agree that, as to the Confidential Documents described herein, NATIONWIDE need not file a motion for protective order pursuant to Federal Rules of Civil Procedure 26.

5. Immediately following the conclusion of this litigation, either by settlement, judgment, dismissal or otherwise, counsel for the party or parties to which Confidential Documents were produced shall destroy the Confidential Documents, including any copies made of the Confidential Documents and including any extracts and/or summaries of the Confidential Documents containing information taken from the Confidential Documents. Each party shall provide written notice to the other side that the Confidential Documents have been destroyed or, in the alternative, return the Confidential Documents to the other side with a cover letter confirming all Confidential Documents have been returned. The parties and Counsel for the parties shall not discuss the Confidential Documents or information gleaned from the Confidential Documents at all with any person or party at any time after conclusion of the litigation, other than with their respective counsel and clients in the above-captioned action, counsel for Plaintiff, counsel for NATIONWIDE, and the Court under seal.

6. The Confidential Documents shall be disclosed only to:

a. The Court and its officers in accordance with Paragraph 8 herein;

b. Counsel of Record for the parties and the staff assigned to assist Counsel of Record in this matter;

c. Any experts or consultants retained by any of the Parties; provided such expert or consultant complies with Paragraph 7 herein;

d. Witnesses during depositions in accordance with Paragraph 9 herein; e. Persons recording testimony involving such Confidential information, including Court reporters, stenographers and audio and/or video ...


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