Lawlor v. RBC Bearings

Filing 30

ORDER granting 29 Motion for Protective Order. See attached Order. This Order does not authorize the parties to file material under seal absent a Court Order granting a motion to seal which satisfies the standard set forth in D. Conn. Local Rule 5(e). Signed by Judge Vanessa L. Bryant on 2/21/2013. (Fernandez, Melissa)

UNITED STATES DISTRICT COURT
for the
DISTRICT OF CONNECTICUT

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KEVIN LAWLOR,
Plaintiff
v.
RBC BEARINGS,
Defendant

CASE NO.: 3:12-cv-1463 (VLB)

February 20, 2013

CONSENT PROTECTIVE ORDER
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and the
stipulation of the Parties, through their respective counsel, it is hereby ordered
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:
Counsel for any party may designate any document or information

1.

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."
2.

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.

3.

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 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.
4.

Information or documents designated as "Confidential" shall not be

disclosed to any person, except:
a.

The requesting party and counsel of record;

b.

RBC Bearing’s in-house counsel and up to four designated
individuals with a need to know;

c.

Employees of such counsel assigned to and necessary to
assist in the litigation;

d.

Consultants or experts to the extent deemed necessary by
counsel;

e.

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

information; and

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may not

retain

the

confidential

f.

5.

The court or the jury at trial or as exhibits to motions.

Prior to disclosing or displaying the confidential information to any

person, counsel shall:
(1)

(2)

6.

inform the person of the confidential nature of the
information or documents; and
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.

The confidential information may be displayed to and discussed with

the persons identified in Paragraphs 4 (d) and (e) 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.
7.

For the purpose of Paragraphs 4(d) and (e), 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 such documents.
8.

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.
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9.

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 a perceived need by them for a more
restrictive protective order is not an excuse for failure to comply 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 should be produced
by the deadline for "attorneys' eyes" only, pending decision by the court, and
counsel must send a letter advising the court of the same.

/s/
__________________________________
UNITED STATES DISTRICT JUDGE
Hon. Vanessa L. Bryant

Dated 2/21/2013 at Hartford, CT

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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: ________________________________ DATED: _________________

Signed in the presence of:

________________________
(Attorney)

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STIPULATED TO:
DEFENDANT,
RBC BEARINGS INCORPORATED

By:

/s/ Sarah C. Baskin
James F. Shea (ct 16750)
Sarah C. Baskin (ct 13570)
Jackson Lewis LLP
90 Statehouse Square, 8th Floor
Hartford, CT 06103
P: [phone]
F: [phone]
[e-mail]
[e-mail]
THE PLAINTIFF,
KEVIN LAWLOR

By:

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/s/ Lewis H. Chimes
Lewis H. Chimes, Esq.
Law Office of Lewis H. Chimes LLC
45 Franklin Street
Stamford, CT 06901
P: 203-324-7744
F: 203-969-1319
[e-mail]

CERTIFICATION OF SERVICE
I hereby certify that on February 20, 2013, a copy of the foregoing was filed
electronically and served by mail on anyone unable to accept electronic filing.
Notice of this filing will be sent by e-mail to all parties by operation of the court’s
electronic filing system or by mail to anyone unable to accept electronic filing as
indicated on the Notice of Electronic Filing.

Parties may access this filing

through the court’s CM/ECF System.

/s/ Sarah C. Baskin______
Sarah C. Baskin