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McMillan v. Saej Enterprises, L.L.C.

United States District Court, D. North Dakota, Western Division

July 1, 2019

RYAN McMILLAN, individually and on behalf of all others similarly situated,
v.
SAEJ ENTERPRISES, L.L.C. d/b/a SAEJ ENTERPRISES

         FLSA Collective Action FED. R. Crv. P. 23 Class Action

          Matthew S. Parmet Texas Bar #24069719 Parmet PC Edmond S. Moreland, Jr. Texas Bar # 24002644 Moreland Verrett, P.C. Attorneys for Plaintiff

          William C. Black (07284) Larson Latham Huettl LLP Attorneys for Defendant

          Daniel L. Hovland, Judge

          STIPULATED PROTECTIVE ORDER

          CLARE R. HOCHHALTER, UNITED STATES MAGISTRATE JUDGE

         In order to preserve and maintain the confidentiality of certain materials to be produced and testimony to be given in this action, it is ordered that:

         1. Documents, electronically stored information (including writings, drawings, charts, photographs, sound recordings, video recordings, images, and other data or data compilations), other tangible items produced in discovery, [1] and testimony in this litigation that contain confidential information shall hereafter be referred to as "Protected Materials.)' The Party seeking to mark Protected Materials shall hereafter be referred to as the "Designating Party." Except as otherwise indicated below, documents, electronically stored information, other tangible items produced in discovery, and testimony designated "Confidential" or "Subject to Protective Order" that are produced or delivered to the Parties and/ or the Parties' attorneys, consultants, agents, or experts in this action, shall be Protected Materials and given confidential treatment as described below.

         2. For purposes of this Protective Order, Protected Materials includes any document, electronically stored information, other tangible items produced in discovery, and testimony that the Designating Party believes in good faith to contain confidential or sensitive information as defined by Federal Rule of Civil Procedure 26(c)(1)(G), including trade secrets or other confidential research, development, or commercial information; protected health information ("PHI");[2] or other personal information that is protected by law. Protected Materials shall not contain or consist of any information generally available to the public.

         3. For documents, electronically stored information, and other tangible items produced in discovery to be designated as Protected Materials, at the time of production, the Designating Party will designate each individual document by clearly stamping on each such document, "Confidential" or "Subject to Protective Order." Such stamping shall not obscure any written or printed information on the materials. In the event that material is produced in a format that is not capable of being stamped, the material should be clearly marked or identified "Confidential" or "Subject to Protective Order" on the media itself or within the file structure of electronically stored information. Such marking shall not otherwise alter the media, its file structure, or its contents.

         4. Deposition testimony may also be designated as Protected Materials.

(a) The Designating Party must designate the protected testimony within 30 days of service of the final transcript of the testimony to be designated. In designating such testimony, the Designating Party must specifically identify (by page and line) the discrete portions of the testimony to be protected.
(b) Testimony may be designated as subject to this Protective Order by declaration of a Party or Party's Counsel on the record during a deposition. If testimony is designated as protected on the record during a deposition, the testimony will be subject to this Protective Order until 30 days after service of the final transcript of the testimony to be designated, unless the Designating Party has otherwise designated the testimony as protected in accordance with paragraph 4(a).

         5. To the extent that Protected Materials or information contained therein are used in the taking of depositions, such Protected Materials or information shall remain subject to the provisions of this Protective Order.

         6. Prior to designating any material or testimony as subject to this Protective Order, the Designating Party must make a good faith determination that the material or testimony is subject to protection under Federal Rule of Civil Procedure ...


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