Quicksilver Air Inc. et al v. Helicopter Engine Repair Overhaul Services et al

Filing 56

PROTECTIVE ORDER re: 53 STIPULATION FOR PROPOSED PROTECTIVE ORDER. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

)
QUICKSILVER AIR, INC., RICHARD C. ) Case No. 3:cv-12-06-REB
)
SWISHER and SHARON SWISHER,
)
)
Plaintiffs,
)
)
vs.
)
)
HELICOPTER ENGINE REPAIR
)
OVERHAUL SERVICES, INC. t/a
H.E.R.O.S., INC., THE TIMKEN
)
COMPANY, ROLLS-ROYCE
)
PROTECTIVE ORDER
CORPPORATION,
)
)
Defendants
)
CRAIG WHITE and BETHANY WHITE, )
)
husband and wife,
)
)
Plaintiffs,
)
) Case No. 3:cv-12-366-REB
vs.
)
)
)
QUICKSILVER AIR, INC., an Alaska
Corporation; THE TIMKEN COMPANY, )
)
an Ohio Corporation, doing business as
)
TIMKEN ALCOR AEROSPACE
)
TECHNOLOGIES, INC., a foreign
)
Arizona Company; H.E.R.O.S., INC., a
)
California Corporation; ARROW
)
AVIATION, LLC, a Louisiana Limited
Liability Company; 11 AEROSPACE LLC, )
)
an Arizona Limited Liability Company,
)
doing business as ASI SERVICES;
)
RICHARD C. SWISHER; JOHN OR
)
JANE DOES 1-X; DOE
)
CORPORATIONS, XI-XX
)
)
Defendants
)
)

PROTECTIVE ORDER - P. 1

)
)
) Case No. 3:cv-12-367-REB
Plaintiff,
)
)
vs.
)
)
)
QUICKSILVER AIR, INC., an Alaska
Corporation; THE TIMKEN COMPANY, )
)
an Ohio Corporation, doing business as
)
TIMKEN ALCOR AEROSPACE
)
TECHNOLOGIES, INC., a foreign
)
Arizona Company; H.E.R.O.S., INC., a
)
California Corporation; ARROW
)
AVIATION, LLC, a Louisiana Limited
Liability Company; 11 AEROSPACE LLC, )
)
an Arizona Limited Liability Company,
)
doing business as ASI SERVICES;
)
RICHARD C. SWISHER; JOHN OR
)
JANE DOES 1-X; DOE
)
CORPORATIONS, XI-XX
)
)
Defendants.
GEORGE PAULEY,

PROTECTIVE ORDER
Plaintiff Quicksilver Air, Inc. has requested certain business and other records of
INVENTORY LOCATOR SERVICE (hereinafter “ILS”) through a federal subpoena for the
purposes of Defendant’s Motion to Dismiss for a lack of personal jurisdiction. The parties
recognize that the documents requested may involve confidential, protected and otherwise
sensitive information that are relevant to this action, and such information is to be used only for the
purposes of this case and not otherwise disclosed. With respect to the production of documents by
ILS, it is hereby:
ORDERED that disclosure of such documents produced by ILS marked or designated
“CONFIDENTIAL” shall be made subject to the following procedures and restrictions:
1. This Protective Order shall apply to any originals and/or copies of the documents.

PROTECTIVE ORDER - P. 2

2. This Protective Order shall govern the parties to this case (“the Parties”), and counsel for
all Parties and all their employees, including all secretaries, paralegals, or any other employee that
may work on the above-captioned case (hereinafter jointly referred to as “counsel”).
3. The documents and information disclosed to the respective Parties, and their counsel
pursuant to this Order shall be used for the limited purpose of this litigation, and shall not be
otherwise used, distributed, published, revealed or disclosed to anyone else for any other purpose,
except as permitted by this Court, and provide further that each person, other than the Parties and
counsel who are subject to this Order, who review any documents covered by this Order as part of
this litigation shall sign a Non-Disclosure Agreement and Affidavit affirming that they have read
and agreed to comply with this Order. (A copy of the Affidavit is attached hereto as Exhibit A).
Each Affidavit shall be provided and maintained in the files of counsel for each party and copies of
such affidavits shall be furnished upon request to counsel for the party that has declared a
document to be confidential. Counsel shall keep a log of each person (other than counsel and the
parties who are already covered under this Order) who reviews any documents covered by this
Order as part of this litigation and signs an Affidavit.
4. Neither the Parties nor the Parties’ counsel or representatives shall contact any of the
individuals or entities reflected or identified in any customer lists provided under Paragraph 3 of
this Order without first identifying to counsel for ILS each such individual or entity to be
contacted, and obtaining from said counsel the express consent of ILS to each such contact, with
counsel for ILS and Quicksilver agreeing upon any limitations upon the information regarding this
lawsuit to be disclosed to that individual or entity during said contact. In the event that ILS does
not give such consent or the parties are unable to reach such agreement on such limitations,
Quicksilver may apply for a court order authorizing such contact and/or defining such limitations.

PROTECTIVE ORDER - P. 3

Any contact with any person or entity identified in any documents provided under Paragraph 3 of
this Order shall include disclosure of this Order’s provisions regarding confidentiality and its
limitations regarding republication.

Nothing in this Order forbids the Parties or their

representatives from engaging in communications with any individuals or entities identified in
such customer lists, in furtherance of business wholly unrelated to ILS or this lawsuit, so long as
such communications do not mention ILS or this lawsuit.
5. The Parties, the Parties’ counsel and their staffs shall not disclose, directly or indirectly,
the documents or any of the information contained in the documents to other attorneys not of
record in this litigation.
6. If it becomes necessary for any party to include a document subject to this Protective
Order as an Exhibit to a deposition, a motion or other court paper, or as an Exhibit at trial or other
hearing, the parties agree to make appropriate arrangements – if practical or unless otherwise
agreed upon by the parties or by the individual whose identity would otherwise be revealed by
disclosure – to preserve the confidentiality of said documents, including joining in a motion for the
sealing of such documents or any testimony pertaining thereto.
7. At the conclusion of this litigation, inclusive of appeals, all documents subject to this
Protective Order shall be returned to ILS accompanied by the executed Affidavit of Compliance
and Delivery of Documents attached hereto as Exhibit B or destroyed upon agreement by ILS.
8. After termination of this litigation, inclusive of appeals, the provisions of this Order
relating to the confidentiality of the protected documents and information shall continue to be
binding, except with respect to any documents or information which may have become a matter of
public record. It is agreed that this Court retains jurisdiction over the parties for enforcement of
the provisions of this Protective Order following final termination of this action.

PROTECTIVE ORDER - P. 4

9. It is agreed that a violation by any person of any provision of this Protective Order may
be punishable as contempt of court. Further, it is agreed that the aggrieved party may pursue any
civil remedies available to them for a breach of this Order.
10.

The Clerk shall file a copy of this Order in each of the three cases in the heading

above.

DATED: November 20, 2012

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

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