ScriptPro LLC v. Innovation Associates, Inc

Filing 229

AMENDMENT TO PROTECTIVE ORDER. Signed by Magistrate Judge James P. O'Hara on 9/26/2011. (ah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

SCRIPTPRO LLC and
SCRIPTPRO USA INC.,

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Plaintiffs,
v.
INNOVATION ASSOCIATES, INC.
Defendant.

Case No. 2:06-cv-2468-CM-JPO

AMENDMENT TO PROTECTIVE ORDER
The Court previously entered a Protective Order (doc. #20) in this case. That Protective
Order, by its terms, applies only to the parties to this action. During the course of discovery,
subpoenas have been issued to third parties, some of which are competitors with the parties, that
seek certain materials, information, and things discoverable in this case that may consist of trade
secrets, proprietary information, confidential research and development information, financial
information, and/or otherwise commercially valuable information that the third parties maintain
in confidence in the ordinary course of business (hereinafter, the “Protected Material”). Such
third parties may wish invoke the benefits of the Protective Order previously entered in this case,
tailored to protect the aforementioned Protected Material, because public disclosure of the
Protected Material could cause irreparable financial and/or competitive harms, and/or could be of
commercial benefit to a competitor of the producing party.
On this basis, the Court finds that good cause exists pursuant to Federal Rule of Civil
Procedure 26(c) to amend the Protective Order to allow third parties who may produce Protected

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Material to opt in to the protections afforded by the Protective Order. It is THEREFORE
ORDERED that the Protective Order is hereby amended as follows:
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Any nonparty may invoke the rights and protections provided to the Parties or

Party under the Protective Order, including but not limited to the right to designate all or parts of
any Protected Material produced or provided by that nonparty as Confidential Materials. The
term “Parties” and “Party” shall include any such nonparty with respect to Protected Material
produced by such nonparty.
IT IS SO ORDERED.
Dated September 26, 2011, at Kansas City, Kansas.
s/ James P. O’Hara
James P. O’Hara
United States Magistrate Judge

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Agreed to by the parties this 26th day of September, 2011.

__s/ Angel D. Mitchell______________
B. Trent Webb (KS Bar No. 15965)
Email: [e-mail]
Angel D. Mitchell (KS Bar No. 20110)
Email: [e-mail]
Chrissie Guastello (pro hac vice)
Email: [e-mail]
SHOOK, HARDY & BACON, LLP
2555 Grand Boulevard
Kansas City, MO 64108-2613
Telephone: [phone]
Fax: [phone]

_s/ Jennifer M. Hannah___________
Gerald M. Kraai (KS Bar No. 70118)
Email: [e-mail]
R. Scott Beeler (KS Bar No. 10118
Email: [e-mail]
Jennifer M. Hannah (KS Bar No. 19111)
Email: [e-mail]
A. Justin Poplin (KS Bar No. 21598)
Email: [e-mail]
LATHROP & GAGE LLP
10851 Mastin Blvd., Bldg 82, Ste. 1000
Overland Park, KS 66210-1669
Telephone: [phone]
Fax: [phone]

Attorneys for Defendant
Innovation Associates, Inc.

and
Brian Fries (KS Bar No. 15889)
Email: [e-mail]
David V. Clark (KS Bar No. 70014)
Email: [e-mail]
LATHROP & GAGE LLP
2345 Grand Blvd, Suite 2800
Kansas City, MO 64108-2684
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiffs
ScriptPro LLC and Script Pro USA Inc.

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