TK Holdings, Incorporated v. CTS Corporation et al

Filing 92

ORDER re 89 MOTION for Order on TK Holdings' Waiver of Attorney-Client Privilege filed by CTS Automotive Products, CTS Corporation, 90 MOTION for In Camera Review filed by CTS Automotive Products, CTS Corporation. Signed by District Judge Avern Cohn. (Attachments: # 1 Exhibit A) (JOwe)

EXHIBIT A
08-14266 TK Holdings, Inc. v. CTS Corp., et al

17.8.

prevent the parties to this Protective Order from agreeing in writing or on

the record during a deposition or hearing in this action to alter or waive the provisions or
protections provided for herein with respect to any particular information or material.
18.

Third Parties. In the event that information in the possession or control of a

party involves the confidentiality rights of a non-party or its disclosure would violate a
Protective Order issued in another action, the party with possession or control of the information
will attempt to obtain the consent of the non-party to disclose the information under this Order.
If the consent of the non-party cannot be obtained, the party will notify the party seeking
discovery of: (a) the existence of the information without producing such information and; (b)
the identity of the non-party (provided, however, that such disclosure of the identity of the nonparty does not violate any confidentiality obligations). The party seeking discovery may then
make further application to the non-party or seek other means to obtain such information.
19.

Inadvertent Production. If a party inadvertently produces a document that it

later discovers to be a privileged document, the production of that document shall not be deemed
to constitute the waiver of any applicable privileges. In such circumstances, the producing party
must immediately notify the receiving party of the inadvertent production, and request the return
or confirmed destruction of the privileged materials. Within five (5) days of receiving such
notification, the receiving party shall return or confirm destruction of all such materials,
r
including any summaries thereof. Such return or confirmation of destruction shall not preclude
the receiving party from seeking to compel production of the materials for reasons other than its
inadvertent production.
20.

Scope. The terms of this Protective Order shall apply to all manner and means of

discovery, including entry onto land or premises, and inspection of books, records, documents,
and tangible things.
15