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Dakota Gasification Co. v. Sure Steel, Inc.

United States District Court, D. North Dakota

December 19, 2018

Dakota Gasification Company, Plaintiffs,
v.
Sure Steel, Inc., Defendant

          Scott G. Johnson, N.D. Robins Kaplan LLP Timothy Q. Purdon, N.D. Robins Kaplan LLP Attorneys for Dakota Gasification Company

          Tyler S. Carlson, Tyler S. Carlson, N.D. Fisher Bren & Sheridan, LLP Attorneys for Sure Steel, Inc.

          STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

          Charles S. Miller, Jr. United States Magistrate Judge.

         Following the Parties' stipulation, it is hereby ORDERED that the following restrictions shall apply to confidential information and documents produced for inspection and copying in this case:

         1. Purpose. The purpose of this Protective Order is to protect against the unnecessary disclosure to third parties of information and documents that the Parties maintain are confidential and proprietary.

         2. "Confidential Material" Defined. This Protective Order shall apply to all information, documents, electronically-stored information, written discovery responses, and testimony that contain trade secrets, confidential research or development, or proprietary or commercially-sensitive information including, but not limited to, design, manufacturing, operations, supplier, customer, distributor, sales, or other non-public financial or proprietary information (collectively "Confidential Material").

         3, Designating Documents or Information as Confidential Material. Each Party shall have the right to designate documents and information in the above- captioned lawsuit as Confidential Material. Documents, material, and information shall be designated as Confidential Material in the following manner:

a. As to documents, by placing or affixing on each page the word: "CONFIDENTIAL." Any page or item bearing such notice, and the information contained on such pages or items, shall be treated as Confidential Material.
b. Deposition testimony may be designated as Confidential Material under this Order by placing a notice on the transcript pages pursuant to Paragraph 3(a) or by making a statement as to the confidential nature of the testimony on the record. All confidential designations for deposition transcripts must be made within thirty (30) days after receipt of the transcript. For any transcripts received prior to the date of entry of this Order, confidential designations may be made within thirty (30) days of this Order.
c. All deposition testimony relating to documents identified as "Confidential" shall be treated as confidential under the terms of this Protective Order. This testimony does not require separate designation under Paragraph 3(b).

         4. Challenges to Designations. Any Party may challenge the designation of any document or information as Confidential Material by providing written or email notice to the producing party. If the Parties cannot reach an agreement and the producing party wishes to maintain the confidential designation, it must, within fourteen (14) days after receipt of such notice, move the Court for a determination as to the applicability of the designation. All materials and information designated Confidential shall remain confidential and subject to the terms of this Protective Order until the Court rules that the information or materials are not confidential.

         5. Permissible Access to Confidential Material.

         Confidential Material shall be used solely for purposes of this litigation and not be used for any business, competitive, personal, private, public, or other purpose, except as required by law. Confidential Material shall not be used in any other ...


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