Connected Controls, INC. v. DPS Electronics, INC.

Filing 24

STIPULATED PROTECTIVE ORDER. Signed by Judge Brian Morris on 2/6/2024. (TLO)

Brianne C. McClafferty
Kathryn M. Brautigam
Holland & Hart LLP
401 North 31st Street, Suite 1500
P. O. Box 639
Billings, MT 59103-0639
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

Antoinette M. Tease
Antoinette M. Tease, PLLC
175 N. 27th Street, Suite 902
Billings, MT 59101
Telephone: [phone]
Email: [e-mail]
Leif M. Johnson
Leif Johnson Law PLLC
175 N. 27th Street, Suite 901
Billings, MT 59101
Telephone: [phone]
Email: [e-mail]

Sherry D. Coley (admitted pro hac vice)
Tiffany Woelfel (admitted pro hac vice)
Amundsen Davis, LLC
2800 East Enterprise Avenue
Appleton, WI 54913
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFF

Natasha P. Jones
Tyler M. Stockton
Boone Karlberg P.C.
201 West Main Street, Suite 300
Missoula, MT 59802
Telephone: [phone]
Email: [e-mail]
[e-mail]
ATTORNEYS FOR DEFENDANT

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

CONNECTED CONTROLS, INC.
Plaintiff,
vs.
DPS ELECTRONICS, INC.,
Defendant.

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Case No. CV-23-84-BU-BMM

STIPULATED PROTECTIVE
ORDER

Pursuant to Fed. R. Civ. P. 26, which requires that trade secret or other
confidential information be disclosed only in designated ways, the Court issues this
Protective Order to facilitate the progress of disclosure and production of documents
under the Federal Rules of Civil Procedure and the Local Rules of the Court.
In support of this Protective Order, the Court finds that:
1.

Documents or information containing confidential, proprietary and

business information and/or trade secrets (“Confidential” and “Highly Confidential
– Trial Counsels’ Eyes Only” information) are likely to be disclosed during the
course of discovery in this litigation by both parties and non-parties.
2.

The parties and non-parties to this litigation may assert that public

dissemination and disclosure of Confidential and Highly Confidential – Trial
Counsels’ Eyes Only information could cause injury or damage to the party or nonparty disclosing or producing the information, and could place that party or nonparty at a competitive disadvantage;
3.

To protect the respective interests of the parties and non-parties, and to

facilitate the progress and discovery in this case, the following Order should issue:
IT IS HEREBY ORDERED THAT:
1. As used in this Protective Order, these terms have the following meanings:
a. “Trial Counsel” means counsel of record;

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b. “Confidential” documents are documents designated pursuant to
paragraph 2;
c. “Highly Confidential – Trial Counsels’ Eyes Only” documents are
the subset of Confidential documents designated pursuant to
paragraph 5;
d. “Documents” are all written materials within the scope of Fed. R.
Civ. P. 34; and
e. “Written Assurance” means an executed document in the form
attached as Exhibit A.
2.

By identifying a document or information as Confidential, a party may

designate any document or information, including interrogatory responses, other
discovery responses or transcripts that it in good faith contends contain trade secret
or other Confidential information.
3.

All Confidential information and documents, along with the

information contained in the documents, shall be used solely for the purpose of this
action and no person receiving such information or documents shall, directly or
indirectly, transfer, disclose or communicate in any way the information or the
contents of the documents to any person other than those specified in paragraph 4.
4.

Access to any Confidential information or document shall be limited

to:
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a. the Court and its officers;
b. Trial Counsel and their partners, office associates, legal assistants,
and stenographic and clerical employees, and further including
independent organizations and employees thereof retained by such
attorneys to provide professional litigation support services in this
action, such as translation, graphics, design, and document
processing, provided these third parties execute and agree to be
bound by the Written Assurance attached as Exhibit A;
c. deposition and trial witnesses in connection with their testimony in
the lawsuit;
d. videographers and court reporters retained to transcribe testimony;
e. employees of the parties who are actively engaged in assisting
counsel with respect to this litigation; and
f. outside independent persons (i.e., persons not currently or formerly
employed by, consulting with or otherwise associated with any
party) who are retained by a party or its attorneys to furnish
consulting, technical or expert services and/or to give testimony in
this action, subject to the restrictions of paragraph 7 as specified
below.
5.

The parties shall have the right to further designate Confidential

information or documents or portions of documents as Highly Confidential – Trial
Counsels’ Eyes Only if the producing party deems the information or documents to
be particularly sensitive, such that even its limited use by a person designated in
paragraph 4(e) in connection with the litigation would risk the loss of a competitive
advantage (e.g., confidential, scientific or technical research, business plans,
strategies, product plans or financial records). Disclosure of such information and

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documents shall be limited to the persons designated in paragraphs 4(a), (b), (c), (d),
and (f).
6.

Third parties producing information or documents in this action may

also designate information or documents as Confidential or Highly Confidential –
Trial Counsels’ Eyes Only subject to the same protections and constraints as the
parties to the action. A copy of this Protective Order shall be served along with any
subpoena served in connection with this action. All information or documents
produced by such third parties shall be treated as Highly Confidential – Trial
Counsels’ Eyes Only for a period of 7 days from the date of their production, and
during that period any party may designate such information or documents as
Confidential or Highly Confidential – Trial Counsels’ Eyes Only pursuant to the
terms of this Protective Order.
7.

Before any person designated in 4(f) is given access to Confidential or

Highly Confidential – Trial Counsels’ Eyes Only information, the individual shall
first read this Agreement and execute a “Written Assurance” in the form attached
hereto as Exhibit A. Said Written Assurance shall be provided to counsel for the
opposing party, along with the individual’s CV and a list of their consulting and
testifying experience over the last five years. The opposing party shall have seven
(7) calendar days to object to such disclosure, during which time the individual shall
not have access to any Confidential or Highly Confidential – Trial Counsels’ Eyes
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Only information. If an objection is made, then the parties shall negotiate in good
faith to resolve the matter. If the matter cannot be resolved, the party seeking to
disclose Confidential or Highly Confidential – Trial Counsels’ Eyes Only
information to the individual must file a motion with the Court to resolve the dispute.
While the dispute is pending, the individual shall not have access to any Confidential
or Highly Confidential – Trial Counsel’s Eyes Only information.
8.

All depositions or portions of depositions taken in this action that

contain trade secret or other confidential information may be designated
Confidential or Highly Confidential – Trial Counsels’ Eyes Only and thereby obtain
the protections accorded other Confidential or Highly Confidential – Trial Counsels’
Eyes Only documents. Confidentiality designations for depositions shall be made
either on the record or by written notice to the other party within 10 business days
of receipt of the transcript. Unless otherwise agreed, deposition transcripts shall be
treated as Highly Confidential – Trial Counsels’ Eyes Only during the 10-businessday period following receipt of the transcript. The deposition of any witness (or any
portion of such deposition) that encompasses Confidential or Highly Confidential –
Trial Counsels’ Eyes Only information shall be taken only in the presence of persons
who are qualified to have access to such information. Notwithstanding any
designation of material by a party under this Order as Confidential or Highly
Confidential – Trial Counsels’ Eyes Only, any witness may be shown at a deposition,
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and examined on, any such material that the witness authored, previously reviewed,
or previously received; the witness may also be shown at a deposition, and examined
on, any such material for which specific documentary or testimonial evidence
indicates (i) that the material was communicated to or from the witness, or (ii) that
the witness was involved in the specific matter(s) addressed in the material, or if the
producing party of the material agrees.
9.

The inadvertent or unintentional failure to designate specific

information or material as Confidential or Highly Confidential – Trial Counsels’
Eyes Only shall not be deemed a waiver in whole or in part of a producing party’s
claim of confidentiality as to such material. Anyone who inadvertently fails to
identify information or documents as Confidential or Highly Confidential – Trial
Counsels’ Eyes Only shall promptly, from the discovery of its oversight, correct its
failure by providing written notice of the error and substituted copies of the
inadvertently-produced information or documents. Any party receiving such
inadvertently unmarked information or documents shall make reasonable efforts to
retrieve information or documents distributed to persons not entitled to receive
information or documents with the corrected designation. The receiving party shall
not be in violation of this Protective Order for any disclosure of information or
documents made prior to receiving written notice.

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10.

The parties agree that documents and information created after the

filing date of this lawsuit which the parties contend in good faith based upon legal
support is protected by the attorney-client privilege or work product doctrine shall
be reported on a privilege log, if requested by the opposing party. This shall not
preclude a party from challenging any so designated documents or information.
11.

The inadvertent or unintentional disclosure by the producing party of

information subject to a claim of attorney-client privilege or work product doctrine
shall not be deemed a waiver in whole or in part of the party’s claim of privilege or
work product doctrine, either as to the specific information disclosed or as to any
other information relating thereto or on the same or related subject matter. If a party
has inadvertently produced information subject to a claim of immunity or privilege,
the receiving party, upon request, shall promptly return the inadvertently-produced
materials and all copies of those materials that may have been made or any notes
regarding those materials shall be destroyed. The party requesting return of such
information may move the Court for an order compelling production of such
information.
12.

Any party may request a change in the designation of any information

or document designated Confidential or Highly Confidential – Trial Counsels’ Eyes
Only. Any such information or document shall be treated as designated until the
change is completed. If the requested change in designation is not agreed to, the
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party seeking the change may move the Court for appropriate relief, providing notice
to any third party whose designation of produced information or documents as
Confidential or Highly Confidential – Trial Counsels’ Eyes Only in the action may
be affected. The party asserting that the material is Confidential or Highly
Confidential – Trial Counsels’ Eyes Only shall have the burden of proving that the
information or document in question is within the scope of protection afforded by
Fed. R. Civ. P. 26(c).
13.

Within 60 days of the termination of this action, including any appeals,

each party shall either destroy or return to the opposing party all documents
designated by the opposing party as Confidential or Highly Confidential – Trial
Counsels’ Eyes Only and all copies of such documents, and shall destroy all extracts
and/or data taken from such documents. Each party shall provide a certification as
to such return or destruction within the 60-day period. Attorneys shall be entitled to
retain, however, a set of all documents filed with the Court, all documents produced
in discovery, all correspondence generated in connection with the action, documents
constituting work product, and any deposition transcripts and deposition or trial
exhibits.
14.

Any party may apply to the Court for a modification of this Protective

Order and nothing in this Protective Order shall be construed to prevent a party from

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seeking such further provisions enhancing or limiting confidentiality as may be
appropriate.
15.

No action taken in accordance with this Protective Order shall be

construed as a waiver of any claim or defense in the action or of any position as to
discoverability or admissibility of evidence.
16.

This Protective Order shall remain in effect until the final action,

including any appeal, unless otherwise ordered by the Court, and the Court shall
retain jurisdiction over the parties for enforcement of its provisions.
PROPOSED AND AGREED TO BY:
Dated this 24th day of January, 2024.
/s/ Brianne C. McClafferty
Brianne C. McClafferty
Kathryn M. Brautigam
Holland & Hart LLP
Sherry D. Coley
Tiffany E. Woelfel
Amundsen Davis, LLC
ATTORNEYS FOR PLAINTIFF

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Dated this 24th day of January, 2024.
/s/ Antoinette M. Tease
Antoinette M. Tease
Antoinette M. Tease PLLP
Leif M. Johnson
Leif Johnson Law PLLC
Natasha P. Jones
Tyler M. Stockton
Boone Karlberg
ATTORNEYS FOR DEFENDANT

PURSUANT TO STIPULATION, IT IS SO ORDERED
DATED this 6th day of February, 2024.

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EXHIBIT A
Brianne C. McClafferty
Kathryn Brautigam
Holland & Hart LLP
401 North 31st Street, Suite 1500
P. O. Box 639
Billings, Montana 59103-0639
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

Antoinette M. Tease
Antoinette M. Tease, PLLC
175 N. 27th Street, Suite 902
Billings, MT 59101
Telephone: [phone]
Email: [e-mail]
Leif M. Johnson
Leif Johnson Law PLLC
175 N. 27th Street, Suite 901
Billings, MT 59101
Telephone: [phone]
Email: [e-mail]

Sherry D. Coley (admitted pro hac vice)
Tiffany Woelfel (admitted pro hac vice)
Amundsen Davis, LLC
2800 East Enterprise Avenue
Appleton, WI 54913
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFF

Natasha P. Jones
Tyler M. Stockton
Boone Karlberg P.C.
201 West Main Street, Suite 300
Missoula, MT 59802
Telephone: [phone]
Email: [e-mail]
[e-mail]
ATTORNEYS FOR DEFENDANT

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

CONNECTED CONTROLS, INC.
Plaintiff,
vs.
DPS ELECTRONICS, INC.,
Defendant.

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NOTICE OF ADHERENCE TO
PROTECTIVE ORDER

declares that:
I reside at
City of

in the
, County of

State of

;

I am currently employed by
located at

and

my current job title is

.

I have read and believe I understand the terms of the Protective Order dated
, filed in Case No. CV-23-84-BU-BMM pending in
the United States District Court for the District of Montana, Butte Division. I agree
to comply with and be bound by the provisions of the Protective Order. I understand
that any violation of the Protective Order may subject me to sanctions by the Court.
I shall not divulge any information or documents or copies of documents
designated Confidential or Highly Confidential – Trial Counsels’ Eyes Only
obtained pursuant to such Protective Order or the contents of such documents to any
person other than those specifically authorized by the Protective Order. I shall not
copy or use such information or documents except for the purposes of this action
and pursuant to the terms of the Protective Order.
As soon as practical, but no later than 30 days after final termination of this
action, I shall return to the attorney from whom I have received any documents in
my possession designated Confidential or Highly Confidential – Trial Counsels’
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Eyes Only and all copies, excerpts, summaries, notes, digests, abstracts, and indices
relating to such documents.
I submit myself to the jurisdiction of the United States District Court for the
District of Montana, Butte Division, for the purpose of enforcing or otherwise
providing relief relating to the Protective Order.
I declare under penalty of perjury that the foregoing is true and correct.

Dated:
(Signature)
Print Name: __________________________
31377115_v1

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