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Multi-Chem Group, LLC v. 3Chem, LLC

United States District Court, Eighth Circuit

August 7, 2013

Multi-Chem Group, LLC, Plaintiff,
v.
3Chem, LLC, Tim Gabel, Pam Klabo, and Shane Sowatzki, Defendants.

PROTECTIVE ORDER

CHARLES S. MILLER, Jr., Magistrate Judge.

Pursuant to the court's separate memorandum opinion and order of this same date, it is hereby ORDERED as follows:

1. As used in this Protective Order, the following terms shall have the following meaning unless the context clearly provides otherwise:

a. "Protected Material" means all documents, testimony, or other information that have been marked or designated as being Protected Material in the manner provided for by this Protective Order, including copies or other reproductions of any material so marked or designated.
b. "Party" or "parties" shall include the employees, agents, successors, assigns, and attorneys of the party or parties named in this lawsuit
c. "Termination of the Litigation" shall mean the entry of final, non-appealable dismissal or judgment.

2. Any party may mark or designate as Confidential or Protected Material any documents, testimony, or other information produced or generated during this litigation that the party in good faith reasonably believes is properly the subject of a protective order under the Federal Rules of Civil Procedure because it contains: (i) trade secrets, proprietary information, or commercially sensitive information the dissemination of which has a significant likelihood of damaging the party's business position in the marketplace; or (ii) personal information the disclosure of which would constitute an unwarranted invasion of privacy.

3. Any party may challenge a designation of Protected Material by filing a motion with the court, but only after first attempting to resolve the matter with the other parties. The party claiming the benefit of the designation of Protected Material shall have the burden of persuasion.

4. Except as otherwise provided herein, Protected Material that has been marked or designated by a party in accordance with this Protective Order may only be used by the other parties for purposes of this litigation and no other circumstances. The other parties shall keep the Protected Material confidential, except that access to the Protected Material may be given as follows:

a. To personnel who are directly employed by counsel of record for the other parties, provided that they maintain the confidentiality of the Protected Material and that counsel of record shall be responsible for their compliance with this Protective Order.
b. To experts or consultants retained for purposes of the litigation subject to the requirements of paragraph 5 of the Protective Order.
c. To witnesses and prospective witnesses, but only to the extent necessary for their testimony or the preparation for their testimony.
d. To the court, its staff, and to any privately engaged stenographic reporters.

5. The following applies to the Protected Material disclosed to experts and consultants pursuant ...


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