Grogan et al v. Nobel Biocare USA LLC et al

Filing 8

STIPULATED CONFIDENTIALITY PROTECTIVE ORDER regarding confidential, commercial & proprietary documents in this action. Signed by Judge Brian S. Miller on 7/20/2011. (jct)

Case 3:11-cv-00043-BSM Document 7-1

Filed 07/19/11 Page 1 of 5

IN TIIE UNITED STATES DISTRICT COURT
FOR THB EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
PATSY GROGAN AND BILL GROGAN

v.

PI,AINTIFFS

NO. S:u-cv-ooo43-BSM

NOBEL BIOCARB USA, LLC;
NOBEL BIOCARE USA, INC.; ancl
JOHN DOES r-ro

DEFENDANTS

STIPULATED CONFIDEI{TIALITY PROTECTIVE ORDER

In order to preserve

and maintain the confidentialþ of certain confidential,

commercial and ploprietary documents producedby Nobel Biocare USA, LLC and Nobel
Biocare USA, Inc. ("Nobel") in this action, it is ordered that:

1.

At such time as Nobel produces in this litigation any documents and/or

other tangible items that identify, contain, or reference any of Nobel's design,
engineering and/or testing specifications, Nobel may stamp or otherwise mark those
documents and/or things "HIGFILY CONFIDENTIAL, Disclosure Plohibitedby Order of

the Court" reflecting that the distribution is subject to this Protective Older. The terrn
"HIGHLY CONFiDBNTIAL' was selectecl by Nobel.

2.

The parties to this action agr:ee that all such designated documents and/or'

things, and the information containecl thelein, shall be treated as confidential in
accordance with tire terrns of this Order.

g.

Except n'ith the prior rn'r'itten consent of counsel

Confidential documents rnay be shor,ur

or

disclosed only the following persons

(hereinafter referled. to as "qualified persons"):

a.

for Nobel, Highly

Counsel for the parties in this litigation;

Case 3:11-cv-00043-BSM Document 7-1

b.

Filed 07/19/11 Page 2 of 5

Actual employees of such counsel assigned. to and necessary to assist suclt
counsel in the preparation of this action;

c.

Independent experts and consultants retained by a party whose assistance
is deerned necessary by such party's counsel for the prosecution or defense
of this action, and employees of such experLs and consultants necessary to

assist such person

in performing their duties provided that no such

disclosure shall be made to any person employed by any competition of
Nobel,

d.

Employees of a party who are involved in this action or are necessary to
assist such counsel in preparation of this action; and

e.

This Court or an)/ Court asked to enforce this Plotective Ord.er.

4.

Qualified persons rnay use any designated Highly Confidential information

and/or materials only for the pr-rrposes of the prosecution or defense of this lawsuit, and

only

in

accordance r,vith the terms

of this Stipuiated Protective Order. With the

exception of the Court, all qualified persons having access to any Highly Confidential

material subject to this Plotective Order must first be shovrn a copy of the Protective
Ordel and must agree lo be bound by it. With the exception of the Court, no one will be

given access

to

designated Highly Confidential materials withotrt having agreed in

writing to be bounci by all the terr¡s of this Protective Order,

S.

as set

forth in Appendix A,

Except as otherwise providecl by this Protective Older, the parties are

prohibited from distributing, showing, disserninating,
duplicates, reprocluctions, abstracts, lists,

or providing photocopies,

or summaries of any designated Highly

Confidential documents and,/or things to any person or entity that is not a "qualified

person." Moreover, the palties shall not disclosure the contents or any Highly

Case 3:11-cv-00043-BSM Document 7-1

Filed 07/19/11 Page 3 of 5

Confidential documents and./or things to any person

ol errtþ that is not a "qualified

person."

6.

This is a non-sharing plotective order, which provid.es that qualified

persons, counsel, parties, and any expelLs are not permitted

to share or

othelwise

divulge any Highly Confidential clocurrents or information to any pelsons who are not

qualified persons, and are not perrnittecl to use the Highly Confidential documents or'
information for any purpose other than the prosecution or defense of this lawsuit.

T.

In the er¡ent that plior to trial any Highly Confidential documents or the

inforrnation contained therein, is included with, or the contents thereof are in any way
disclosed

in, any pleacling, motion, deposition, or other papei,

sr-rch

papers shall be

marked Protected and filed undel seal and shall remain under seal except when in actual
use by the Court and shall be

promptly returned to the Court's file and placed under seal

when no longer in use by the

Coult. (In addition, in motion packages are filed with the

Trial Judge, a copy labeled Trial Juclge's copy shall be delivered to the Trial Judge and
these packages shall include a copy of protected material,

if

any, rnarked as Protected

and Under Seal, with the indication that this material has been filed under seal and is not

to become part of the public record.) Any deposition exhibit that includes Highly
Confidential information shaìl be subiect to the terms and provision of this Protective
Order.

8.

During the trial of this case, if either party seeks to introduce into evidence

documents which ale strþect to this Order, Nobel may make an appropriate request of

the Court to protect against the disseurination of such Highly Confidential documents.
All parties have the right to contest any such request by Nobel.

3

Case 3:11-cv-00043-BSM Document 7-1

g.

Counsel for the parties

Filed 07/19/11 Page 4 of 5

will maintain a list of aÌl persons to whom

any

Highly Confidential clocuments or infolmation contained therein is provided along with

the signed agreement(s) pursuant to paraglaph 4 above, and the list and signed
agreement(s) be arrailable fol inspection by tire Court.

10, All

notes, aì:stlacts, lists containing confidential information, or

summaries drafted

in

connection with the review

of Nobel's Highty

Confidential

material, are to be treated as Flighly Confidential and subject to ali of the telms of this
Stipulated Protective Order.

11.

Within 3o clays of the termination of this litigation, all Highly Confidential

documents shall be returned by ail parties to counsel for Nobel. No copies, notes, or
summaries shall be kept by any parties, theil counsel, consultants, experts, or agents.

Within 3o days of the telmination of the litigation, all parties' counsel shall certify in
writing that all Highly Confidential documents have been returned to counsel for Nobel,
and that no copies, sumrraries, or notes of such documents have otherwise been kept by

the parties, theil counsel, consultants, agents or experts.

t2.

After the telmination of this litigation, the provisions of this Protective

Order shall continue to be binding.

1g.
expefts

for

This CoulL shall retain jurisdiction over the parties, their attorneys and
enforcemerrt

of the provisions of this

Protective Order following the

termination of this tritigation.

L4.

This Ordel shali be binding upon the parties hereto, upon their attorneys,

andupon the parties'

ancl

their atLolneys' successors, executors, personal representatives

and administrators, heirs, legal replesentatives, assigns, subsidiaries,

divisions,

Case 3:11-cv-00043-BSM Document 7-1

Filed 07/19/11 Page 5 of 5

employees, agents, indepenclent contlactors. or other persons

or organizations

ùhich they have control.

_

SIGNED this 20thday of July

2077.

FEDERAL DISTRICT JUDGE

AR Bar l\uml¡er 9SoB4
Brandon W, Lacy AR Bar Number zoo3og8
Wilcox, Parker, Hurst, Lancaster & Lacy, PLC
Attorneys for Plaintiff's
Post Office Box 1733
Sooo Browns Lane
Jonesboro, AR7z4o

Frick

AR Bar Number Tgo6B
, McCaski/l, Jones & Hale, P.A.
Attorneys for Defendants Nobel Biocare USA, LLC
and Nobel Biocare USA, Inc.
27oo Regions Center'
4oo West Capitol Avenue
Little Rock, AR 7 z:>-ot- 34t4

over