Puretek Corporation v. Patchwerx Labs, Inc.

          MOHAJERIAN APC By Al Mohajerian Attorney for Plaintiff Puretek Corp.

          GALLAGHER & KENNEDY, P.A. By: Kenneth M. Motolenich-Salas Kenneth M. Motolenich-Salas Attorney for Defendants Patchwerx Labs, Inc. and Paul Smith.

          CRONE HAWXHURST LLP By: Daryl Crone with permission Daryl M. Crone Attorney for Defendant Safe Chain Solutions, LLC

          GORDON REES LLP By: Douglas Van Blarcom with permission Douglas Van Blarcom Attorney for Defendant Gulf Coast Pharmaceuticals Plus, LLC

          STIPULATED PROTECTIVE ORDER

          HON. JEAN P. ROSENBLUTH, UNITED STATES MAGISTRATE JUDGE

         1. PURPOSE AND LIMITS OF THIS ORDER

         Discovery in this action is likely to involve confidential, proprietary, or private information requiring special protection from public disclosure and from use for any purpose other than this litigation. Thus, the Court enters this Protective Order. This Order does not confer blanket protections on all disclosures or responses to discovery, and the protection it gives from public disclosure and use extends only to the specific material entitled to confidential treatment under the applicable legal principles. This Order does not automatically authorize the filing under seal of material designated under this Order. Instead, the parties must comply with L.R. 79-5.1 if they seek to file anything under seal. This Order does not govern the use at trial of material designated under this Order.

         As used in this Order, “CONFIDENTIAL” information and materials shall include all information and materials that have not been made public, the disclosure of which the disclosing party contends could cause harm to its business operations or provide improper advantage to others. “Confidential” information and materials shall include, but shall not be limited to information that concerns or relates to (1) sales, marketing, manufacturing, or research and development; (2) financial performance; (3) manufacturing or other costs of doing business; (4) licenses or other confidential agreements; and/or (5) technical details of products or methods of doing business and/or marketing;

         As used in this Order, “HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY” information and materials shall include trade secrets within the meaning of the Uniform Trade Secrets Act and all information and materials that the disclosing party has reasonable grounds to believe would, if known to any officer, director, employee, or agent of a receiving party, or to the public, lead to a significant harm or injury to the reputation and/or business of the disclosing party or provide improper advantage to others.

         2. DESIGNATING PROTECTED MATERIAL

         2.1 Over-Designation Prohibited.

         Any party or non-party who designates information or items for protection under this Order as “CONFIDENTIAL, ” “HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY” (a “designator”) must only designate specific material that qualifies under the appropriate standards. To the extent practicable, only those parts of documents, items, or oral or written communications that require protection shall be designated. Designations with a higher confidentiality level when a lower level would suffice are prohibited. Mass, indiscriminate, or routinized designations are prohibited. Unjustified designations expose the designator to sanctions, including the Court’s striking all confidentiality designations made by that designator. Designation under this Order is allowed only if the designation is necessary to protect material that, if disclosed to persons not authorized to view it, would cause competitive or other recognized harm. Material may not be designated if it has been made public, or if designation is otherwise unnecessary to protect a secrecy interest. If a designator learns 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 designator must promptly notify all parties that it is withdrawing the mistaken designation.

         2.2 Manner and Timing of Designations.

         Designation under this Order requires the designator to affix the applicable legend (“CONFIDENTIAL, ” or “HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY”) to each page or item that contains protected material. For testimony given in deposition or other proceeding, the designator shall specify all protected testimony and the level of protection being asserted. It may make that designation during the deposition or proceeding, or may invoke, on the record or by written notice to all parties on or before the next business day, a right to have up to 21 days from the deposition or proceeding to make its designation.

         Parties shall give advance notice if they expect a deposition or other proceeding to include designated material so that the other parties can ensure that only authorized individuals are present at those proceedings when such material is disclosed or used. The use of a document as an exhibit at a deposition shall not in any way affect its designation. Transcripts containing designated material shall have a legend on the title page noting the presence of designated material, and the title page shall be followed by a list of all pages (including line numbers as appropriate) that have been designated, and the level of protection being asserted. The designator shall inform the court reporter of these requirements. Any transcript that is prepared before the expiration of the 21-day period for designation shall be treated during that period as if it had been designated HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY unless otherwise agreed. After the expiration of the 21-day period, the transcript shall be treated only as actually designated.

         2.3 Inadvertent Failures to Designate.

         An inadvertent failure to designate does not, standing alone, waive protection under this Order. Upon timely assertion or correction of a designation, all recipients must make reasonable efforts to ensure that the material is treated according to this Order.

         3. CHALLENGING CONFIDENTIALITY DESIGNATIONS

         All challenges to confidentiality designations shall proceed under L.R. 37-1 through L.R. 37-4.

         4. ACCESS TO DESIGNATED MATERIAL

         4.1 Basic Principles. A receiving party may use designated material only for this litigation. Designated material may be disclosed only to the categories of persons ...