United States District Court, D. North Dakota
G. Johnson, N.D. Robins Kaplan LLP Timothy Q. Purdon, N.D.
Robins Kaplan LLP Attorneys for Dakota Gasification Company
S. Carlson, Tyler S. Carlson, N.D. Fisher Bren &
Sheridan, LLP Attorneys for Sure Steel, Inc.
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE
Charles S. Miller, Jr. United States Magistrate Judge.
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:
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.
"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
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).
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
Permissible Access to Confidential Material.
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