Adobe Systems Incorporated et al v. Little Soft Shop, LLC et al
Filing
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Standing PROTECTIVE ORDER. Signed by Judge Janet Bond Arterton on 12/21/2011. (Falcone, K.)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
Civil Action Number 3:_____________ (JBA)
STANDING PROTECTIVE ORDER
Effective April 20, 2010
It is hereby ordered by the Court that the following shall apply to information,
documents and excerpts from documents supplied by the parties to each other as initial
disclosure and in response to discovery requests:
(a) Counsel for any party may designate any document or information contained in
a document as confidential if counsel determines, in good faith, that such
designation is necessary to protect the interests of the client. Information and
documents designated by a party as confidential will be labeled “CONFIDENTIAL
— PRODUCED PURSUANT TO PROTECTIVE ORDER.” “Confidential”
information or documents may be referred to collectively as “confidential
information.”
(b) Unless ordered by the Court, or otherwise provided for herein, the confidential
information disclosed will be held and used by the person receiving such information
solely for use in connection with the action, in which this Order issued.
(c) In the event a party challenges another party’s confidential designation, counsel
shall make a good faith effort to resolve the dispute in accordance with Rule 37(a)(2)
of the Local Rules of the District Court for the District of Connecticut, and in the
absence of a resolution, the challenging party may thereafter seek resolution by the
Court. Nothing in this Protective Order operates to create an admission by any party
that confidential information disclosed in this case is relevant or admissible. Each
party specifically reserves the right to object to the use or admissibility of all
confidential information disclosed, in accordance with applicable law and Court
rules.
(d) Information or documents designated as “Confidential” shall not be disclosed to
any person, except:
(1) The requesting party and counsel of record;
(2) Employees of such counsel assigned to and necessary to assist in the
litigation;
(3) Consultants or experts to the extent deemed necessary by counsel;
(4) Any person from whom testimony is taken or is to be taken in these actions,
except that such a person may only be shown that confidential information
during and in preparation for his/her testimony and may not retain the
confidential information; and
(5) The Court or the jury at trial or as exhibits to motions.
(e) Prior to disclosing or displaying the confidential information to any person,
counsel shall:
(1) inform the person of the confidential nature of the information or
documents; and
(2) inform the person that this Court has enjoined the use of the information or
documents by him/her for any purpose other than this litigation and has
enjoined the disclosure of that information or documents to any other
person.
(f) The confidential information may be displayed to and discussed with the persons
identified in Paragraphs (d)(3) and (4) only on the condition that, prior to any such
display or discussion, each such person shall be asked to sign an agreement to be
bound by this Order in the form attached hereto as Exhibit A. In the event such
person refuses to sign an agreement in the form attached as Exhibit A, the party
desiring to disclose the confidential information may seek appropriate relief from the
Court.
(g) For the purpose of Paragraphs (d)(4) and (5), any documents which become part
of an official judicial proceeding or which are filed with the Court are public
documents, and such documents will be sealed by the Court only upon motion and
in accordance with applicable law, including Rule 5(e) of the Local Rules of this
Court. This Protective Order does not provide for the automatic sealing of any
documents.
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(h) At the conclusion of litigation, the confidential information and any copies
thereof shall be promptly (and in no event later than forty–five (45) days after entry
of final judgment) returned to the producing party or certified as destroyed.
(i) The foregoing is entirely without prejudice to the right of any party to apply to
the Court for any further Protective Order relating to confidential information; or
to object to the production of documents or information; or to apply to the Court for
an order compelling production of documents or information; or for modification
of this Order; or to seek any other relief from the Court.
Parties and counsel are advised that their claimed need for a more restrictive protective
order does not relieve them from compliance with discovery requests in a timely fashion.
It is counsel’s responsibility to timely move for further protection based on
confidentiality, if needed. If the Court has not ruled on any such motion when discovery
is due, then the documents shall be produced by the deadline for “attorneys eyes” only,
pending decision by the Court. If exceptional circumstances exist in which production
in this form would be irreparably prejudicial, counsel shall immediately advise the Court
by letter.
IT IS SO ORDERED.
/s/
Janet Bond Arterton, U.S.D.J.
Effective April 20, 2010
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EXHIBIT A
I have been informed by counsel that certain documents or information to be
disclosed to me in connection with the matter entitled ________________________
___________________________________ have been designated as confidential. I have
been informed that any such documents or information labeled “CONFIDENTIAL —
PRODUCED PURSUANT TO PROTECTIVE ORDER” are confidential by Order of the
Court.
I hereby agree that I will not disclose any information contained in such documents
to any other person. I further agree not to use any such information for any purpose other
than this litigation.
______________________________________
Signed in the presence of:
______________________________________
(Attorney)
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DATED: ________________________
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