Great Lakes Exploration Group LLC v. Unidentified Wrecked and (For Salvage-Right Purposes), Abandoned Sailing Vessel, The

Filing 40

MOTION for protective order by plaintiff Great Lakes Exploration Group LLC; (Attachments: # 1 Brief in Support# 2 Proposed Order) (Robol, Richard)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN Northern Division GREAT LAKES EXPLORATION GROUP LLC Plaintiff, v. The Unidentified, Wrecked and (For SalvageRight Purposes), Abandoned Sailing Vessel, etc. Defendant, et al. ) ) ) ) ) ) ) )

Civil Action No. 1:04-CV-375 HON. ROBERT HOLMES BELL

PLAINTIFF GREAT LAKES EXPLORATION GROUP'S BRIEF IN SUPPORT OF MOTION FOR PROTECTIVE ORDER Pursuant to the Court's Order dated May 10, 2005, Plaintiff Great Lakes Exploration Group and the Field Museum of Chicago have assembled, and are prepared to provide the Intervenors detailed information regarding the shipwreck. The documents and information to be provided to Intervenors include significant trade secrets and confidential information. These have been developed at an expense of hundreds of thousands of dollars, utilizing hundreds of hours of research and development, hard work, investigation, and analysis. The trade secrets have consistently been treated as confidential, and are valuable and could be used by others to damage Great Lakes Exploration and the Field Museum in their efforts and business. In addition, disclosure could result in damage to the shipwreck site which is the subject of this proceeding. Over the course of more than a month, Great Lakes Exploration has proposed to Intervenors several drafts of a Protective Order in an effort to obtain Intervenors' consent to an agreed Protective Order with the following key features: (a) permitting the prompt disclosure of such information to the Court and to Intervenors;

(b) preventing Intervenors from misappropriating and using such trade secrets for their own purposes (or for those of any third party), other than in connection with the pending Motion to Dismiss; (c) ensuring effective, enforceable, safeguards to prevent fraudulent claims of "independent" development of such trade secrets; and (d) providing for sanctions, including contempt and liquidated damages, in the event that Intervenors decide to violate the Protective Order at some time in the future. As of the date of this Motion, Plaintiff has been unable to obtain consent to obtain an Agreed Protective Order. Plaintiff has attached a proposed Protective Order as an Exhibit to its Motion.

CONCLUSION For these reasons, the Court should enter a Protective Order in a form as attached as Exhibit 1. Respectfully submitted, GREAT LAKES EXPLORATION GROUP LLC By:_//s// Richard T. Robol________ Of Counsel Richard T. Robol (OH- 0064345) ROBOL & WINKLER LLC 555 City Park Avenue Columbus, OH 43215 Telephone: [phone] Facsimile: [phone] [e-mail] __//s// Roger Boer____________________ Of Counsel Roger Boer, Esq. 161 Ottawa Avenue N.W. Suite 600 Grand Rapids, MI 49503 Telephone. [phone] Facsimile: [phone]

ATTORNEYS FOR PLAINTIFFS

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CERTIFICATE OF SERVICE I hereby certify that on this 15th day of June, 2005, a copy of the foregoing was served by the Court's ECF service upon all counsel of record. __//s// Richard T. Robol_______________

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