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Creedence Energy Services, LLC v. Credence Oilfield Services, LLC

United States District Court, D. North Dakota

March 14, 2018

CREEDENCE ENERGY SERVICES, LLC, Plaintiff,
v.
CREDENCE OILFIELD SERVICES, LLC, Defendant.

          PROTECTIVE ORDER

          Charles S. Miller, Jr., Magistrate Judge.

         In the course of this trademark infringement litigation, the parties will be requested and required to produce documents and provide information and testimony of types listed in the following paragraphs A and B, the public disclosure of which would cause specific harm to Plaintiff, Defendant, and/or to others not parties to this litigation and therefore are subject to protection for good cause pursuant to Fed.R.Civ.P. 26(c). In addition, good cause exists because otherwise discovery would be substantially hampered by the need to determine contemporaneously whether particular materials, information, and testimony are legally entitled to protection as privileged and/or confidential work product, proprietary, or otherwise. For good cause shown, the Court issues the following Protective Order jointly submitted by Plaintiff Creedence Energy Services, LLC ("Plaintiff) and Defendant Credence Oilfield Services, LLC ("Defendant") to protect the confidentiality of the documents and information identified in paragraphs A and B.

         A. Documents and information that are subject to non-disclosure agreements between or among the parties hereto and/or third parties that pre-date this litigation and disclosure of such documents or information without the protection of confidentiality provided by this Order could breach the terms of those agreements.

         B. Non-public, confidential commercial information of the parties' and third parties' including, but not limited to, information concerning business practices, financial records, competitive business strategies, research and development records, trade secrets, contracts with third parties, records of actual revenue and revenue projections, sales records and sales projections, sales and pricing agreements with suppliers or vendors, customer lists, business plans, and marketing strategies.

         1. Information to be Protected. All documents, testimony, and other discoverable information within the descriptions set out in paragraphs A and B above, whether in paper, electronic, machine-readable, or other form, that a party hereto, or third party, designates "CONFIDENTIAL" or "CONFIDENTIAL - FOR ATTORNEYS' EYES ONLY" in accordance with the procedure outlined below shall be subject to the terms and conditions of this Protective Order.

         2. Marking of Designated Materials, (a) Documents that a party reasonably and in good faith believes fall within the categories outlined in paragraphs A and B hereof and should be subject to this Protective Order shall be marked by placing the legend "CONFIDENTIAL" on each page of the document.

         (b) Documents that a party produces that it reasonably believes contain trade secrets or other proprietary information, or information the disclosure of which would cause a competitive disadvantage to the party or give its competitors an advantage or benefit they otherwise would not have shall be marked "CONFIDENTIAL - FOR ATTORNEYS' EYES ONLY" on each pageof the document.

         3. Electronic Media. To the extent that matter stored or recorded in the form of electronic, machine-readable or other media (including information, files, databases, or programs stored on any digital or analog machine-readable device, computers, discs, networks or tapes) (hereafter "Computerized Material") is produced by anyparty in such form, the producing party may designate such matter as "CONFIDENTIAL" or "CONFIDENTIAL - FOR ATTORNEYS' EYES ONLY" by cover letter identifying such material or by affixing to such media a label with the appropriate legend. Whenever any party to whom Computerized Material designated as "CONFIDENTIAL" or "CONFIDENTIAL - FOR ATTORNEYS' EYES ONLY" is produced reduces such material to hard-copy form, such party shall mark such hard-copy form with the legend indicated in the cover letter by which the material was sent or in accordance with the label affixed to the media on which it was sent.

         4. Reproducing Electronic Media. To the extent that any party or counsel for any party creates, develops or otherwise establishes on any digital or analog machine-readable device, recording media, computer, disc, network, tape, file, database or program information that is designated "CONFIDENTIAL" or "CONFIDENTIAL- FOR ATTORNEYS' EYES ONLY, " that party and/or its counsel must take all necessary steps to insure that access to such media is properly restricted to those persons who, by the terms of this Order, may have access to the information therein, and shall affix to any media containing confidential information a label with the legend provided for in paragraph 2(a) or 2(b) above.

         5. Designation After Production, If materials already have been produced to another party, the party producing such materials shall notify the other party as soon as practicable following entry of this Protective Order that such documents shall be marked and deemed "CONFIDENTIAL" or "CONFIDENTIAL - FOR ATTORNEYS' EYES ONLY" and shall be subject to this Protective Order. Upon receipt of such notice, the receiving party shall promptly mark its copies of the material accordingly, shall thereafter treat the information as if it has been designated "CONFIDENTIAL" or "CONFIDENTIAL - FOR ATTORNEYS' EYES ONLY, " shall restrict the disclosure or use of such information to only those persons qualified pursuant to this Order, and, if such information has previously been disclosed to persons not qualified pursuant to this Order, shall take reasonable steps to obtain all such previously disclosed information and advise such persons to treat the designated materials confidentially as though originally so designated.

         6. Use of Designated Materials. Materials designated as "CONFIDENTIAL" or "CONFIDENTIAL - FOR ATTORNEYS' EYES ONLY" may be used only for the purposes of preparing for and conducting investigation, discovery, pretrial, trial, and appellate proceedings in this litigation and any mediation or other settlement discussions or negotiations.

         7. Access to "CONFIDENTIAL" Materials. Information designated as "CONFIDENTIAL" shall not be provided, shown, made available, disclosed, or communicated in any way to any person or entity with the exception of:

(a) the receiving party and directors, officers, employees, and former employees of the receiving party who are expected to be witnesses in this legal action or to whom it otherwise is necessary that the materials be shown for purposes of this action;
(b) counsel for a receiving party (including members and employees of such counsel's law firm);
(c) persons employed by the receiving party's attorney to furnish expert or consultant services exclusively for this litigation, and the staffs of those persons, provided, however, that confidential information may not be disclosed to any expert or consultant who is also an agent, consultant to, or employee of any of the producing party's competitors, unless the ...

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