Signature Marketing, Inc. v. New Frontier Armory, LLC et al

Filing 19

JOINT PROTECTIVE ORDER. The court finds good cause to enter the proposed order submitted by the parties. Signed by Magistrate Judge James P. O'Hara on 6/15/2015. (ah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
SIGNATURE MARKETING, INC. d/b/a
SIGNATURE MANUFACTURING,

)
)
)
Plaintiff,
)
)
v.
)
)
NEW FRONTIER ARMORY, LLC
)
)
and
)
)
EXTAR, LLC,
)
)
Defendants. )

Case No.: 15-7200-JWL
Civil Action

JOINT PROTECTIVE ORDER
WHEREAS, the parties have requested documents through discovery and mandatory
Rule 26 disclosures that are believed to contain confidential business information and other trade
secret information for which the disclosure is necessary to resolve the issues of this litigation;
and
WHEREAS, confidential business information and trade secret information should be
given the protection of an Order of this Court in order to prevent injury through disclosure to
persons or other business entities who may have an interest in this information;
IT IS HEREBY ORDERED THAT:
1.

All e-mails between and among the parties, all pricing information and all

drawings and/or plan specifications for firearms or firearm parts that have or will be exchanged
between the parties are deemed confidential information upon production of documents by any
party in response to Request for Production or otherwise as required. This confidential
information shall be disclosed only to the Court, the parties and counsel of record and their
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clerical personnel. Any confidential information may also be disclosed to other persons whose
assistance is required by counsel in conducting this litigation, but may not be used or disclosed
by such other persons for any purpose not directly related to participation in the above-styled
case, or any appeals or related alternative dispute resolution taken or filed in connection
therewith; all copies of confidential information and all notes setting forth or revealing
confidential information in the possession of such other persons shall be destroyed or returned to
the party which originally produced the same within 90 days of the final adjudication, including,
but not limited to, final adjudication of any appeals or petitions for extraordinary writs. Counsel
should not otherwise offer or permit any disclosure of any confidential document, its contents, or
any portion or summary thereof.
2.

Persons having knowledge of confidential information by virtue of their

participation in the conduct of this litigation shall use them for that purpose only and shall not
disclose the confidential information or any portion or summary thereof, to any person or
persons not involved in the conduct of the litigation.
3.

Counsel for the parties shall exercise all reasonable care not to needlessly disclose

such confidential information in the public record of this proceeding.
4.

In the event confidential information is deposited with the Court, the party must

first seek leave to file a document under seal or obtain the agreement of opposing counsel.
5.

Within 90 days of the final adjudication, including, but not limited to, final

adjudication of any appeals or petitions for extraordinary writs, all copies or confidential
documents or summaries thereof produced to the other side, which are in the actual or
constructive custody of defendant or plaintiff, shall be returned to the opposing side which
produced the same, and each party shall file with the Court a certification affirming that all

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confidential information in its actual or constructive custody has been returned to the producing
party or destroyed.
6.

In the event that a party or counsel inadvertently discloses or produces

document(s) subject to a claim of privilege or of protection under the terms of this Order, said
party or counsel may, when such failure is discovered, notify the party that received the
information of the claim and the basis for it. After being notified, the notified party must
promptly return, sequester, or destroy the specified information and any copies it has; must not
use or disclose the information; must take reasonable steps to retrieve the information if the party
disclosed it prior to being notified; and may promptly present the information to the court under
seal for a determination of the claim. The producing party must preserve the information until the
claim is resolved.
IT IS SO ORDERED.

___June 15, 2015___
Date

__James P. O'Hara__________
U.S. Magistrate Judge

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Respectfully submitted,
SMITHYMAN & ZAKOURA, CHD.
s/Constance L. Shidler
Constance L. Shidler
750 Commerce Plaza II
7400 West 110th Street
Overland Park, KS 66210
ATTORNEY FOR PLAINTIFF/
COUNTERCLAIM-DEFENDANT
and
FOLAND, WICKENS, EISFELDER,
ROPER & HOFER, P.C.
s/Patrick J. Allegri
ROBERT H. HOUSKE
#14411
PATRICK J. ALLEGRI
#25189
911 Main Street, 30th Floor
Kansas City, Missouri 64105
[phone]; Fax: [phone]
ATTORNEYS FOR DEFENDANTS/
COUNTERCLAIM-PLAINTIFFS

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