Baker v. Jayco, Inc.

Filing 25

ORDER on 23 Stipulation & PROTECTIVE ORDER. (Written Opinion) Signed by Magistrate Judge Tony N. Leung on 12/13/2018. (EB)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Corey Baker,

Case No. 18-cv-1177 (ECT/TNL)
Plaintiff,

v.

PROTECTIVE ORDER

Jayco, Inc.,
Defendant.

WHEREAS, this matter comes before the Court on the parties’ Stipulation for
Protective Order Regarding Confidential Documents (“Stipulation”) (ECF No. 23);
WHEREAS, the parties, by and through their attorneys, have requested the
inspection, copying, and/or production of certain documents and materials containing
proprietary and competitively-sensitive business information constituting confidential
commercial information covered by Fed. R. Civ. P. 26(c)(1)(G);
WHEREAS, Jayco, Inc. requires that the confidentiality of the documents and/or
materials, and the information contained in the documents and materials, be maintained;
and
WHEREAS, the parties and their attorneys have agreed to comply with the letter
and intent of that confidentiality;
THEREFORE, pursuant to the parties’ Stipulation, IT IS HEREBY ORDERED
THAT:
1. The parties and their attorneys shall not give, show, or otherwise directly or
indirectly disclose any such documents and/or materials identified as
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“Confidential,” or the substance thereof, or any copies, prints, negatives, or
summaries thereof, to any entity or person except the parties and their
attorneys and any agents, experts, consultants, other persons employed by the
parties, witnesses, potential witnesses, court reporters or court personnel in
connection with and solely for this action.
2. Any person retaining the documents and/or materials identified as
“Confidential” shall review this Protective Order, agree to abide by the
Protective Order, and acknowledge in writing his or her agreement to abide by
the Protective Order.
3. Within 14 days after the conclusion of this litigation by settlement, judgment,
appeal, or otherwise, the parties and their attorneys shall, upon written request
by Jayco, Inc., either (1) return to Jayco, Inc., all documents and copies of all
documents identified as “Confidential”; or (2) destroy all documents and
copies of all documents identified as “Confidential” and certify in writing that
destruction.
4. To be deemed “Confidential,” the documents and/or materials must be so
marked by Jayco, Inc., or specified in the record.
5. This Protective Order does not authorize the filing of any document under
seal. The sealing of entire pleadings, memoranda of law, exhibits, and the
like is strongly discouraged. No document shall be filed under seal unless
such document or information therein is genuinely confidential and/or
there are compelling reasons to do so. Any party seeking to file a
document under seal shall specifically review each document and the
information therein to limit sealing only to the extent necessary. If a party
files a confidential document with the Court, it shall do so in compliance
with the Electronic Case Filing Procedures for the District of Minnesota
and Local Rule 5.6. Any joint motion made pursuant to Local Rule 5.6
before United States Magistrate Judge Tony N. Leung shall conform to
Exhibit A attached hereto. Counsel shall provide the Court with two
courtesy copies of the unredacted documents with the redacted
information highlighted in yellow.
6. All prior consistent orders remain in full force and effect.
7. Failure to comply with any provision of this Order or any other prior consistent
Order shall subject the non-complying party, non-complying counsel and/or
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the party such counsel represents to any and all appropriate remedies, sanctions
and the like, including without limitation: assessment of costs, fines and
attorneys’ fees and disbursements; waiver of rights to object; exclusion or
limitation of witnesses, testimony, exhibits, and other evidence; striking of
pleadings; complete or partial dismissal with prejudice; entry of whole or
partial default judgment; and/or any other relief that this Court may from time
to time deem appropriate.

Date: December

13

, 2018

s/ Tony N. Leung
Tony N. Leung
United States Magistrate Judge
District of Minnesota

Baker v. Jayco, Inc.
Case No. 18-cv-1177 (ECT/TNL)

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