OFC Capital v AT Publishing, Inc.

Filing 76

Protective Order

Marion F. Walker
FORD & HARRISON LLP
2100 Third Avenue North, Suite 400
Birmingham, Alabama 35203
Phone: [phone]
Fax: [phone]
Attorney for Defendant OFC Capital, a division of ALFA Financial
Corporation

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
AT PUBLISHING, INC.,
Plaintiff,
v.
A.B. DICK COMPANY and OFC
CAPITAL, a division of ALFA
FINANCIAL CORPORATION,
Defendants.

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Case No. A04-0011 CV (JWS)

CONSENT PROTECTIVE ORDER
The parties have consented through their respective counsel for the entry of this
Protective Order, pursuant to Rule 26(c)(7) of the Federal Rules of Civil Procedure, to
protect the confidentiality of certain confidential third-party financial information that
this Court has ordered produced for use only in this case. Accordingly,
IT IS HEREBY ORDERED THAT:
1.

This Order shall govern all documents produced by the parties and in good

faith marked “Confidential” in this action. Furthermore, this Order shall govern all
information derived from such documents and all copies, excerpts, or summaries thereof.

2.

With respect to any confidential documents covered by this Order, a party

may at any time serve upon counsel for the producing party a written notice of objection
to the designation of specific materials as “Confidential.” If the parties are unable to
resolve a disputed designation of materials as “Confidential” within seven (7) days, the
producing party will file a motion with the Court to resolve the dispute. If such a motion
is filed, the materials designated as “Confidential” will be treated as such until the Court
rules on the motion. The producing party bears the burden of proof as to any designation
of confidentiality.
3.

Such confidential documents shall be used solely for the purpose of this

action, shall not be used for any other business, competitive, or other purpose, and shall
not be disclosed to any other person or third party other than:
a.

Counsel for the parties in the above-styled action, including

employees of such counsel, to the extent necessary to render professional services
in the above entitled action;
b.

The parties in the above-styled action;

c.

The Court and persons employed by the Court working on this

litigation;
d.

Court reporters at the proceedings in this action;

e.

Experts or consultants retained or consulted by the parties, but only

as set out in the fourth paragraph hereinbelow; and
f.

Deponents, trial witnesses, and potential deposition witnesses, but

only as set out in the fourth paragraph hereinbelow.
4.

Prior to making such disclosure of any confidential documents or

information pursuant to the third paragraph hereinabove, counsel making such disclosure

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shall inform any person to whom disclosure is being made that the information or
documents, or any portions thereof, may be used only for the purposes contemplated by
this Protective Order. Additionally, a copy of this Order shall be shown to each person to
whom disclosure of confidential documents and information is permitted, and shall be
specifically advised by counsel that this Order applies to and is binding upon such
individual.
5.

Upon request by the producing party, within (ninety) 90 days of the

conclusion of this matter as to all parties, each confidential document, and all excerpts or
summaries thereof produced by that party, shall be returned to the producing party except
that no attorney is required to give the opposing party any work product derived from any
confidential document. Such work product shall be retained by the attorney creating it
and maintained in a confidential manner until appropriately destroyed.
6.

Nothing in this Order shall prevent a party from any use of its own

confidential documents.
7.

This Order may apply to documents regarding Plaintiff that are produced

by third parties if marked “Confidential” in good faith hereunder.
8.

The inadvertent or unintentional disclosure of any confidential information

shall not be construed to be a waiver, in whole or part, of any party’s claim of
confidentiality, either as to the specific confidential information disclosed or as to other
related information.
9.

Before seeking relief from the Court due to an alleged violation of this

Order, the party seeking relief will attempt to resolve the matter by agreement with the
other party.

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10.

The terms of this Order are subject to modification, extension, or limitation

as may be hereinafter agreed to in writing by either party, or by order of the Court.
SO ORDERED, this 25th day of January 2006.
/s/
John W. Sedwick
U.S. District Court Judge

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