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LLC v. Shepard

United States District Court, D. North Dakota

July 15, 2019

Jacam Chemical Company, 2013, LLC, Plaintiff,
v.
Arthur H. Shepard Jr. and Geo Chemicals, LLC, Defendants.

          PROTECTIVE ORDER

          CLARE R. HOCHHALTER, MAGISTRATE JUDGE

         On July 10, 2019, the plaintiff and defendants Arthur H. Shepard Jr. and Geo Chemicals, LLC (hereafter referred to collectively as “the Parties”) filed what the court construes as a stipulation for a protective order. The court ADOPTS the stipulation (Doc. No. 38) and enters the following Protective Order:

1. Scope.
All documents and materials produced in the course of discovery of this case, including responses to discovery requests, all deposition testimony and exhibits, and information derived directly therefrom (hereinafter collectively “documents”), are subject to this Order concerning Confidential Information as set forth below. The Parties' Joint Protocol for Forensic Examination of Computers, Laptops and Other Electronic Devices, including any amendment, is incorporated into and made part of this Protective Order by reference when filed. If a joint protocol is not filed, any Order of the Court providing a protocol for forensic examination of computers, laptops and other electronic devices is incorporated into and made a part of this Protective Order by reference. The protection conferred by this Order also applies to (1) any information copied or extracted from any Confidential Information; (2) all copies, excerpts, summaries, or compilations of Confidential Information; and (3) any testimony, conversations, or presentations by parties or their counsel that might reveal Confidential Information.
2. Definition of Confidential.
Documents may be designated as “CONFIDENTIAL” when the information contains personnel files, compensation or payroll data, client lists, customer lists, sales data, financial and business planning strategy, trade secrets, proprietary business information, customer information, pricing data, other commercially sensitive non-public information, or other confidential information the public disclosure of which would prejudice a party, or a non-party.
3. Definition of Confidential - Attorney Eyes Only.
Documents may be designated as “CONFIDENTIAL - ATTORNEY EYES ONLY” when the information produced is so sensitive that it is likely, if disclosed to the opposing party, to substantially compromise the competitive position of the producing party or a non-party.
4. Definition of Confidential Information.
As used in this Order, “Confidential Information” is defined as information that has been previously maintained in a confidential manner and is any type or classification of information that is designated as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY EYES ONLY” by the supplying party, and reasonably believed to be subject to protection under N.D.C.C. Ch. 47-25.1, et. seq., or other statute or agreement, practice or otherwise, whether revealed during a deposition, in a document, in an interrogatory answer, or otherwise. In designating information as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY EYES ONLY, ” the supplying party will make such designation only as to that information that party in good faith believes to be Confidential Information. Information or documents that are available to the public may not be designated as Confidential Information.
5. Form and Timing of Designation.
The producing party may designate documents as containing Confidential Information and therefore subject to protection under this Order by marking or placing the words “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY EYES ONLY” (hereinafter “the marking”) on the document and on all copies in a manner that will not interfere with the legibility of the document. As used in this Order, “copies” includes electronic images, duplicates, extracts, summaries or descriptions that contain the Confidential Information. The marking will be applied prior to or at the time the documents are produced or disclosed. Applying the marking to a document does not mean that the document has any status or protection by statute, agreement or otherwise except to the extent and for the purposes of this Order. Copies that are made of any designated documents must also bear the marking, except that indices, electronic databases, or lists of documents that do not contain substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked. By marking a designated document as confidential, the designating attorney or party appearing pro se thereby certifies that the document contains Confidential Information as defined in this Order.
6. Inadvertent Failure to Designate.
Inadvertent failure to designate any document or material as containing Confidential Information will not constitute a waiver of an otherwise valid claim of confidentiality pursuant to this Order, so long as a claim of confidentiality is asserted within ten days after discovery of the inadvertent failure.
7. Depositions.
Deposition testimony will be deemed confidential only if designated as such when the deposition is taken or within a reasonable time period after receipt of the deposition transcript. Such designation must be specific as to the ...

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