Sentinel Insurance Company Limited v. Broan-NuTone LLC et al

Filing 28

PROTECTIVE ORDER re 26 Stipulation for Entry of Protective Order. Signed by Judge Paul G Rosenblatt on 11/02/11. (see attached pdf for complete details)(ESL)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Sentinel Insurance Company, Ltd.,
Plaintiff,

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v.

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Broan-NuTone, L.L.C., et al.,
Defendants.

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CV 11-1194-PHX-PGR
PROTECTIVE ORDER

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Pursuant to the Stipulation of the parties (Doc. 26), and for good cause shown,

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IT IS HEREBY ORDERED that the following protective order is entered to preserve

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and maintain the confidentiality of certain confidential, commercial and proprietary

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documents to be produced by Broan-NuTone, L.L.C. and Jakel Motors Incorporated

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(“Defendants”) in this action. The Broan-NuTone, L.L.C. and Jakel Motors Incorporated

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documents for which the companies are seeking protection include designs, drawing

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packages, and engineering changes. These types of documents are proprietary and

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commercially-sensitive, deserving of protection from public disclosure as explained and

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requested below.

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1.

“Protected Documents” are documents to be produced by Defendants in this

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litigation which contain confidential information. Any document or any information

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designated as “Subject to a Protective Order,” “Confidential,” or a similar designation, in

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accordance with the provisions of this Order shall only be used, shown or disclosed as

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provided in this Order.

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As used in this Order, the term “documents” means all written material,

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videotapes and all other tangible items, whether produced as hard copy, computer diskette,

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CD-ROM or otherwise.

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3.

The burden of proving that a Protected Document contains confidential

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information is on Defendants. If a party disagrees with the “confidential” designation of any

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document, the party will so notify Defendants in writing. Defendants will timely apply to this

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Court to set a hearing for the purpose of establishing that said document is confidential. Any

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document so marked as confidential will continue to be treated as such pending

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determination by the Court as to its confidential status.

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4.

The designation of Protected Documents may be made by marking or placing

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the notice “Subject to a Protective Order,” “Confidential,” or a substantially similar notice

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on the document, or, where a copy of the original document is to be produced, on that copy.

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5.

Protected Documents and any copies thereof received pursuant to paragraph

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6 below shall be maintained confidential by the receiving party, its attorney, other

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representatives, and expert witnesses, and shall be used only for preparation for the trial of

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this matter, subject to the limitations set forth herein.

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6.

Protected Documents shall be disclosed only to “Qualified Persons.” Qualified

Persons are limited to:

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a.

Counsel of Record for the parties, and the parties;

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b.

Non-technical and clerical staff employed by Counsel of Record and involved
in the preparation and trial of this action;

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c.

Experts and non-attorney consultants retained by the parties for the preparation

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or trial of this case, provided that no disclosure shall be made to any expert or

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consultant who is employed by a competitor of Defendants; and

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d.

The Court, the Court’s staff.

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7.

Before receiving access to any Protected Document or the information

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contained therein, each person described in paragraphs 6(b) and 6(c) above shall execute a

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“Written Assurance” in the form contained in Exhibit A, attached hereto. Counsel for the

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parties will retain the Written Assurance and will keep a list of all persons who have received

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Protected Documents for inspection by the Court and, upon order of the Court, counsel for

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Defendants.

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8.

To the extent that Protected Documents or information obtained therefrom are

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used in the taking of depositions and/or used as exhibits at trial, such documents or

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information shall remain subject to the provisions of this Order, along with the transcript

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pages of the deposition testimony and/or trial testimony dealing with the Protected

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Documents or information.

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9.

All documents that are filed with the Court that contain any portion of any

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Protected Document or information taken from any Protected Document shall be filed in a

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sealed envelope or other appropriate sealed container on which shall be endorsed the title of

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the action to which it pertains, an indication of the nature of the contents of such sealed

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envelope or other container, the phrase “Subject To Protective Order,” and a statement

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substantially in the following form: “This envelope or container shall not be opened without

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order of the Court, except by officers of the Court and counsel of record, who, after

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reviewing the contents, shall return them to the clerk in a sealed envelope or container.” No

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document to be filed with the Court containing any portion of a Protected Document

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or information taken from any Protected Document shall be filed using the Electronic

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Court Filing system.

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10.

Any court reporter or transcriber who reports or transcribes testimony in this

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action shall agree that all “confidential” information designated as such under this Order shall

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remain “confidential” and shall not be disclosed by them, except pursuant to the terms of this

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Order, and that any notes or transcriptions of such testimony (and any accompanying

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exhibits) will be retained by the reporter or delivered to counsel of record.

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11.

Within ninety (90) days after the conclusion of this case, counsel for the parties

who received Protected Documents shall either (a) return to Defendants the Protected

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Documents, including any documents which any such party disclosed to any person

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described in paragraphs 6(b) and 6(c) above, or (b) securely destroy the Protected

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Documents, including any documents which any such party disclosed to any person

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described in paragraphs 6(b) and 6(c) above, and certify such destruction to Defendants.

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12.

Inadvertent or unintentional production of documents or information containing

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information which should have been designated as “confidential” shall not be deemed a

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waiver in whole or in part of the party's claims of confidentiality.

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13.

This Protective Order may not be waived, modified, abandoned or terminated,

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in whole or part, except by an instrument in writing signed by the parties. If any provision

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of this Protective Order shall be held invalid for any reason whatsoever, the remaining

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provisions shall not be affected thereby.

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14.

After termination of this litigation, the provisions of this Order shall continue

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to be binding. This Court retains and shall have jurisdiction over the parties and recipients

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of the Protected Documents for enforcement of the provisions of this Order following

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termination of this litigation.

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15.

This Protective Order shall be binding upon the parties hereto, upon their

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attorneys, and upon the parties’ and their attorneys’ successors, executors, personal

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representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions,

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employees, agents, independent contractors, or other persons or organizations over which

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they have control.

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16.

All persons described in paragraph 6 above shall not under any circumstance

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sell, offer for sale, advertise, or publicize either the Protected Documents and the

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Confidential information contained therein or the fact that such persons have obtained

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Defendants’ Protected Documents and Confidential information.

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DATED this 2nd day of November, 2011.

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