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)

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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 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 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

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