NUtech Ventures v. Syngenta Seeds, Inc. et al

Filing 81

PROTECTIVE ORDER. Ordered by Magistrate Judge F.A. Gossett. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NUTECH VENTURES,
Plaintiff and Counterclaim
Defendant,

8:12-CV-00289

v.
PROTECTIVE ORDER
SYNGENTA SEEDS, INC. and
TRENTON AGRI PRODUCTS LLC,
Defendants and Counterclaim
Plaintiff Syngenta Seeds, Inc.

Plaintiff NUtech Ventures (“NUtech”) and Defendants Syngenta Seeds, Inc. and Trenton
Agri Products LLC (collectively “Defendants”) have stipulated to the entry of this Protective
Order.

(Filing 80.)

This Protective Order is issued to facilitate document disclosure and

production under the Local Rules of this Court and the Federal Rules of Civil Procedure. Unless
modified pursuant to the terms contained in this Order, this Order shall remain in effect through
and after the conclusion of this litigation. This Protective Order applies to documents or things
which contain confidential proprietary and business information and/or trade secrets
(“Confidential Information”) that are likely to be disclosed or produced during the course of
discovery in this litigation.

The parties to this litigation identified above (“Parties” or

individually a “Party”) may assert that public dissemination and disclosure of Confidential
Information could injure or damage the Party disclosing or producing the Confidential
Information and could place that Party at a competitive disadvantage. This Protective Order is
intended to protect the respective interests of the Parties during discovery and to facilitate the
progress of disclosure and discovery in this case.

INFORMATION SUBJECT TO THIS ORDER
1.

Documents, physical objects, testimony and discovery responses containing

Confidential Information disclosed or produced by any Party in this litigation are referred to as
“Protected Documents,” whether in paper or electronic form. Except as otherwise indicated
below, all documents, physical objects, testimony and discovery responses designated by the
producing Party as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE
COUNSEL ONLY” and which are disclosed or produced to an attorney for the other Parties to
this litigation are Protected Documents and are entitled to confidential treatment as described
below.
2.

The use of any Protected Documents and/or Confidential Information obtained by

any Party from any person pursuant to discovery in this litigation shall be limited to and used
solely for purposes of this litigation.
3.

Any document or tangible thing containing or including any Confidential

Information may be designated as such by marking it “CONFIDENTIAL” “HIGHLY
CONFIDENTIAL – OUTSIDE COUNSEL ONLY” (as the case may be) prior to or at the time
copies are furnished to the receiving Party.
4.

All Confidential Information not reduced to documentary, tangible, or physical

form, or which cannot be conveniently designated, shall be designated by the producing Party by
informing the receiving Party of the designation in writing.
5.

To the extent that Protected Documents and/or Confidential Information are used

in depositions or at hearings, such documents or information shall remain subject to the
provisions of this Order, along with the transcript pages of the deposition testimony referring to
the Protected Documents and/or Confidential Information. Any deposition transcript, in whole
or in part, may be designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE
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COUNSEL ONLY” by an appropriate statement at the time such testimony is given or thereafter
by notifying the other Parties in writing of the portions of such testimony to be so designated
within thirty (30) days from the date of the deposition. Upon such request, the reporter shall
mark the original and all copies of the transcript as designated. Unless the Parties otherwise
agree, the entire transcript of all depositions shall be deemed designated as “HIGHLY
CONFIDENTIAL” for thirty (30) days from the date of the deposition. After such date, absent
written notification that certain portions are to be designated as “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY,” the transcript shall be deemed
non-confidential. Any portions so designated shall thereafter be treated in accordance with the
terms of this Order. Counsel for the Party whose Protected Documents and/or Confidential
Information is being discussed, used, or otherwise disclosed at a deposition or hearing, may
request that all persons other than the court reporter, videographer, the Court and its personnel,
witness, and others authorized to view the Protected Documents and/or Confidential Information
leave the deposition or hearing.
6.

In the event a deposition disclosing or discussing Protected Documents and/or

Confidential Information is videotaped or recorded by other video means, the original and all
copies of the videotape or other media containing the video shall be marked by the video
technician to indicate that the contents of the videotape or other media containing the video are
subject to this Protective Order, substantially as set forth below:
This videotape contains confidential testimony subject to
Protective Order in Civil Action No. 8:12-CV-00289-LSC-FG3
(D. Neb.) and is not to be viewed or the contents thereof to be
displayed or revealed except in accord with such Protective Order,
by order of the Court, or pursuant to written stipulation of the
parties to the litigation.

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7.

Any court reporter or transcriber who reports or transcribes testimony in this

action shall agree that all information designated as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – OUTSIDE COUNSEL ONLY” under this Order shall remain confidential
and shall not be disclosed by them, except pursuant to the terms of this Order, and that any notes
or transcriptions of such testimony (and any accompanying exhibits) will be retained by the
reporter or delivered to counsel of record.
8.

By way of non-limiting example, Protected Documents and/or Confidential

Information in one or more of the following categories may qualify for the “CONFIDENTIAL”
designation: information that (i) has not been made public; or (ii) concerns confidential research,
development, or commercial information the disclosure of which the disclosing Party reasonably
believes could cause harm to the business operations of the disclosing Party or provide improper
business or commercial advantage to others.
9.

By way of non-limiting example, Protected Documents in one or more of the

following categories may qualify for the “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL
ONLY” designation: (i) trade secrets; (ii) nonpublic technical information, including schematic
diagrams, manufacturing and engineering drawings, engineering notebooks, specifications,
research notes and materials, technical reference materials, and other non-public technical
descriptions and/or depictions of the relevant technology; (iii) non-public damage-related
information (e.g., the number of products sold, total dollar value of sales products, costs,
discounts, and profit margins); (iv) non-public financial information; (v) non-public business
and/or marketing plans; (vi) non-public price lists and/or pricing information; and (vii)
information obtained from a non-Party pursuant to a current Non-Disclosure Agreement
(“NDA”). Nothing herein shall prejudice or waive in any way the rights of Parties to object to

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the production of documents they consider not subject to discovery for any reason or operate as a
consent to any discovery.
10.

Any documents (including physical objects) made available for inspection by

counsel for the receiving Party prior to producing copies of selected items shall initially be
considered, as a whole, to constitute “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL
ONLY” information and shall be subject to this Order. Thereafter, the producing Party shall
have a reasonable time

to review and designate the appropriate documents as

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY” prior to
furnishing copies to the receiving Party. At the initial (or any subsequent) inspection of the
documents or things, the receiving Party shall not make copies of the documents produced.
Copies of documents and copies of photographs and things requested by the receiving Party shall
be made, Bates labeled, and delivered to the receiving Party by the producing Party. Such
process shall be performed as promptly as reasonably practical and shall not await the production
or inspection of other documents or things.
NO WAIVER
11.

Inadvertent or unintentional production of Protected Documents and/or

Confidential Information which are not designated “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – OUTSIDE COUNSEL ONLY” shall not be deemed a waiver in whole or in
part of a claim for confidential treatment. Upon request by the producing Party, the receiving
Party shall immediately destroy or return all copies of such inadvertently produced document(s).
The producing Party shall have the opportunity to reproduce or designate the returned documents
with any of the aforementioned CONFIDENTIAL designations. Any receiving Party will also
make all reasonable efforts to retrieve any documents from anyone who had received the
documents prior to the notification to the receiving Party of the inadvertent failure to designate
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the material “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL
ONLY” and who is no longer permitted to access the documents under the new designation. The
receipt of documents or information will not operate as an admission by the receiving Party that
any particular “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL
ONLY” information contains (or does not contain) or reflects (or does not reflect) trade secrets
or any other type of confidential or proprietary information.
12.

The designation (or lack thereof) of Protected Documents and/or Confidential

Information as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL
ONLY” shall not operate to prejudice or waive any claim or defense in this Action.
13.

Nothing herein shall prejudice or waive in any way the rights of any Party to

object to the authenticity or admissibility into evidence of any document, testimony or other
evidence subject to this Protective Order.
CHALLENGES TO CONFIDENTIALITY DESIGNATIONS
14.

Nothing herein shall prejudice or waive in any way the rights of a Party to seek

determination by the Court whether any Protected Documents and/or Confidential Information
should or should not be subject to the terms of this Protective Order. At any time after the
delivery of Protected Documents and/or Confidential Information, counsel for the Party or
Parties receiving the Protected Documents and/or Confidential Information may challenge the
confidential designation of all or any portion thereof. A receiving Party that elects to initiate a
challenge to a producing Party’s confidential designation must do so in good faith and serve a
written objection, including a statement of the grounds for the objection, on the designating party
or non-party. The producing Party will have five (5) business days following the receipt of the
objection to withdraw its CONFIDENTIAL designation or to withdraw or modify its designation
of “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY” . If the “CONFIDENTIAL”
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designation is not withdrawn or if the “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL
ONLY” designation is not withdrawn or modified as requested, the challenging Party may move
the Court for an order removing the “CONFIDENTIAL” designation, and/or removing or
modifying the “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY” designation.
Notwithstanding any such dispute over any designation, including the filing of any related
Motion, while any such dispute is ongoing, the receiving Parties will maintain the confidentiality
of the information consistent with the other provisions of this Order until the issue is resolved by
the Court or agreement is reached with the Producing Party. In any court proceeding regarding
the propriety of the designation of Protected Documents, the burden of proof with respect to the
proprietary or correctness of the designation of information as Protected Documents shall rest
upon the designating party.
15.

No Party shall be obligated to challenge the propriety of any designation, and

failure to do so shall not preclude a subsequent challenge to the propriety of such designation.
PERSONS AUTHORIZED TO RECEIVE CONFIDENTIAL INFORMATION
16.

Subject to the limitations set forth in this Order, Protected Documents and/or

Confidential Information shall be disclosed only to the following persons (“Qualified Persons”):
(a)

Counsel of record in this action and other disclosed outside counsel for the
Party or Parties receiving Protected Documents and/or Confidential
Information;

(b)

Employees of such counsel (excluding experts and investigators) and
outside vendors retained to assist such counsel in the preparation and trial
of this action, provided such outside vendors agree to maintain the
confidentiality of documents pursuant to this Protective Order;

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(c)

Experts or consultants that are disclosed and qualified pursuant to the
terms of Paragraphs 19-20 below, including their administrative assistants,
secretaries, and other members of the clerical and administrative staffs of
those experts or consultants;

(d)

The Court, including the United States District Court for the District of
Nebraska, any appellate court with jurisdiction over any appeal from the
Litigation (collectively the “Court”), and Court personnel assisting the
Court in its adjudicative functions;

(e)

Court reporters and officers, all other stenographic reporters and
videographers engaged for depositions or proceedings necessary to this
action, professional vendors, and all staff members to whom disclosure is
reasonably necessary for this litigation;

(f)

Any person (a) who is identified as an author or recipient, including
receipt by copy, of any document, information therein or tangible medium
and is not otherwise shown prior to disclosure not to have received the
document, information therein or tangible medium, (b) who testifies that
they have previously been provided with the document, information
therein, or tangible medium, or (c) who is the original source of the
information. Notwithstanding the foregoing, during a deposition counsel
for any party may show a witness a Protected Document and/or
Confidential Information for the purposes of inquiring whether the witness
has previously seen the document;

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(g)

Persons whom the producing Party agrees in writing or on the record at a
deposition may be shown “HIGHLY CONFIDENTIAL – OUTSIDE
COUNSEL ONLY” material;

(h)

Two individuals for each Party who are either in-house counsel for the
Party or an agent authorized in good faith by a Party to negotiate terms of
a licensing and/or settlement agreement with another Party in regards to
the subject matter of this litigation, provided that the receiving party has
signed the Agreement attached hereto as Exhibit A;

(i)

Jury consultants and/or mock jurors who have been informed of the
requirement to maintain Protected Documents and/or Confidential
Information as such and have agreed to do so.

17.

All Qualified Persons, other than the Court and Court personnel, receiving

Protected Documents and/or Confidential Information shall receive a copy of this Order and
shall be informed by Counsel of their obligations under this Order, prior to receiving any
Protected Documents and/or Confidential Information.
18.

Notwithstanding this provision, Protected Documents and/or Confidential

Information designated “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY” shall not
be disclosed to any person allowed access under Paragraph 16(h). Counsel for a Party may give
advice and opinions to his or her client regarding this litigation based on his or her evaluation of
designated “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY” information received
by the Party provided that such rendering of advice and opinions shall not reveal the content of
such Protected Documents and/or Confidential Information except by prior written agreement
with counsel for the producing Party.

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DISCLOSURE TO EXPERTS OR CONSULTANTS
19.

Before counsel for a Party receiving Protected Documents and/or Confidential

Information may disclose any such material designated “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – OUTSIDE COUNSEL ONLY” to a proposed expert or consultant:
(a)

Counsel shall provide a copy of this Protective Order to such person, who
shall sign the Agreement attached hereto as Exhibit A; and

(b)

At least seven (7) calendar days before the first such disclosure, counsel
for the receiving Party shall notify the producing Party in writing of the
intent to disclose “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
OUTSIDE COUNSEL ONLY” material to such person. The notice shall
include a copy of Exhibit A signed by the person and shall identify his or
her title, job responsibilities and affiliation(s) with the receiving Party.
The notice shall also include a copy of such person’s most recent
curriculum vitae, which shall include an identification of all such person’s
past and present employment and/or consulting relationships for the last
five years, and any previous or current relationship (personal or
professional) with any of the Parties (and/or their predecessors or
successors-in-interest).

20.

No

“CONFIDENTIAL”

or

“HIGHLY

CONFIDENTIAL

–

OUTSIDE

COUNSEL ONLY” material shall be disclosed to any person identified in Paragraph 19 until
after the expiration of seven (7) calendar days, commencing with the service of said notice in
writing upon counsel of record for the producing party.
(a) If any party objects to the disclosure of Protected Documents to such person
within this seven (7) calendar day period, no such disclosure of Protected
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Documents shall be made to that person without prior approval of the Court or
the objecting party. Any such objection shall be made for good cause and
must be in writing, stating with particularity the reasons for the objection.
(b) Should the receiving party disagree with the basis for the objection(s), the
party must first attempt to resolve the objection(s) by conferring directly (in
voice to voice dialogue) with counsel for the producing party. If the informal
efforts do not resolve the dispute within five (5) calendar days, the objecting
party bears the burden to notify the Court and request that the discovery
material not be disclosed to the person objected to by the producing party.
Such notice shall consist of a letter not exceeding three (3) pages in length
outlining the nature of the dispute and attaching relevant materials. Within
five (5) calendar days of receiving such a letter, any opposing affected party
or non-party witness may submit a responsive letter not exceeding three (3)
pages attaching relevant materials. The producing party shall have the burden
of proof by a preponderance of the evidence on the issue of the sufficiency of
the objection(s). Pending a ruling by this Court upon any such objection(s),
the discovery material shall not be disclosed to the person objected to by the
producing party.
LIMITATIONS ON THE USE OF CONFIDENTIAL INFORMATION
21.

This Protective Order has no effect upon, and shall not apply to, a producing

Party’s use of its own “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE
COUNSEL ONLY” for any purpose.
22.

Except as may be otherwise ordered by the Court, any person may be examined as

a witness at depositions and may testify concerning all Protected Documents and/or Confidential
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Information of which such person has prior knowledge.

Without in any way limiting the

generality of the foregoing:
(a) A present or former director, officer, or employee of a producing Party may
be examined and may testify at deposition or trial concerning all Protected
Documents and/or Confidential Information which has been produced by that
Party and either (i) identifies on its face the director, officer, and/or employee
as an author or recipient, (ii) concerns a subject matter of which the director,
officer, and/or employee has knowledge, or (iii) concerns a topic about which
said director, officer, and/or employee has been identified or designated to
testify regarding.
(b) Non-Parties may be examined or testify at deposition concerning any
document containing Protected Documents and/or Confidential Information of
a producing Party which appears on its face or from other documents or
testimony to have been received from or communicated to the non-Party as a
result of any contact or relationship with the producing Party or a
representative of the producing Party, but may not retain originals or copies of
such Protected Documents and/or Confidential Information or any notes or
transcripts reflecting such Protected Documents and/or Confidential
Information, other than for the limited period of time necessary to review any
deposition transcripts and make corrections provided, however, that the
transcript and exhibits may be reviewed by the witness only in the offices of
one of the counsel representing a party in this case (or another firm acting for
one of the counsel representing a party in this case and under the supervision

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of one of the lawyers who is bound by the terms of this Order). Any person
other than the witness, his or her attorney(s), or any Qualified Person shall be
excluded from the portion of the examination concerning such information,
unless the producing Party consents to persons other than Qualified Persons
being present at the examination. If the witness is represented by an attorney
who is not qualified under this Order to receive such information, then prior to
the examination, the producing Party shall request that the attorney provide a
signed statement, in the form of Exhibit A hereto, that he or she will comply
with the terms of this Order and maintain the confidentiality of Protected
Documents and/or Confidential Information disclosed during the course of the
examination. In the event that such attorney declines to sign such a statement
prior to the examination, the Parties, by their attorneys, shall jointly seek a
protective order from the Court prohibiting the attorney from disclosing
Protected Documents and/or Confidential Information.
PRIVILEGED MATERIALS
23.

Inspection or production of documents (including physical objects) shall not

constitute a waiver of the attorney-client privilege or work product immunity or any other
applicable privilege or immunity from discovery if, as soon as reasonably possible after the
producing Party becomes aware of any inadvertent or unintentional disclosure, the producing
Party designates any such documents as within the attorney-client privilege or work product
immunity or any other applicable privilege or immunity and requests return of such documents to
the producing Party. Upon request by the producing Party, the receiving Party shall immediately
destroy or return all copies of such inadvertently produced document(s) in its possession. Any
receiving Party will also make all reasonable efforts to retrieve any such inadvertently produced
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documents from anyone who had received the documents prior to the notification to the
receiving Party of the inadvertent or unintentional disclosure. Nothing herein shall prevent the
receiving Party from challenging the propriety of the attorney-client privilege or work product
immunity or other applicable privilege or immunity designation in the same manner as outlined
in Paragraph 14.
NONPARTY USE OF THIS PROTECTIVE ORDER
24.

This Protective Order shall afford all nonparties who produce any Protected

Documents and/or Confidential Information the same protections afforded to the Parties to this
action. Specifically, nonparties shall be entitled to mark any documents “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY” and shall also be able to
designate any deposition testimony “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
OUTSIDE COUNSEL ONLY.” The Parties to this action will treat such marked information per
the terms of the protective order and such marked documents shall be entitled to the same
protections under this Order as documents marked by Parties to the litigation.
25.

A nonparty producing information or material voluntarily or pursuant to a

subpoena, court order, or discovery request may designate such material or information pursuant
to the terms of this Protective Order.
26.

A nonparty’s use of this Protective Order to protect its Protected Documents

and/or Confidential Information does not entitle that nonparty access to the Protected Documents
and/or Confidential Information produced by any Party.
PROSECUTION BAR
27.

No person who accesses any “HIGHLY CONFIDENTIAL – OUTSIDE

COUNSEL ONLY” information shall engage in prosecution of any patent application or any
proceeding permitting the introduction, addition or amendment of any patent claims in the same
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technological field and that is related to the information contained in the accessed information,
for two (2) years after the last time such person accesses the “HIGHLY CONFIDENTIAL –
OUTSIDE COUNSEL ONLY” information. Such persons, however, may assist in any postgrant or reexamination proceeding concerning the patentability or validity of the patent-in-suit.
This paragraph does not apply to experts or consultants who receive “HIGHLY
CONFIDENTIAL – OUTSIDE COUNSEL ONLY” information pursuant to Paragraph 20. This
paragraph also does not apply if individuals access “HIGHLY CONFIDENTIAL – OUTSIDE
COUNSEL ONLY” information through a public proceeding, for instance if such information is
presented in open court.
MISCELLANEOUS PROVISIONS
28.

The term “copy” as used herein means any photographic, mechanical or

computerized copy or reproduction of any document or thing, or any verbatim transcript, in
whole or in part, of such document or thing.
29.

All transcripts of depositions, exhibits, answers to interrogatories, pleadings,

briefs, and other documents submitted to the Court which have been designated as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY” or which
contain information so designated shall be filed or lodged under seal.
30.

Nothing herein shall alter or change in any way the discovery provisions of the

Federal Rules of Civil Procedure. Identification of any individual pursuant to this Protective
Order does not make that individual available for deposition or any other form of discovery
outside of the restrictions and procedures of the Local Rules and Federal Rules of Civil
Procedure.
31.

Within fifteen (15) days of termination of this action by dismissal or entry of final

judgment not subject to further appeal, or settlement, each party shall destroy the Protected
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Documents it has received and any other documents or things including Confidential
Information, including but not limited to correspondence, memoranda, notes and other work
product materials. Notwithstanding the foregoing, outside counsel shall be entitled to maintain
copies of all correspondence, pleadings, motions and trial briefs (including all supporting and
opposing papers and exhibits thereto), written discovery requests and responses (and exhibits
thereto), deposition transcripts (and exhibits thereto), trial transcripts, and exhibits offered or
introduced into evidence at any hearing or trial, and their attorney work product which refers or
is related to any Confidential

Information for archival purposes only.

A Certification of

Destruction signed by counsel shall be provided to the Producing Party within ten (10) calendar
days of the destruction of the material.
32.

This Order shall be binding upon the Parties and their attorneys, successors,

executors, personal representatives, administrators, heirs, legal representatives, assigns,
subsidiaries, divisions, employees, agents, independent contractors, or other persons or
organizations over which they have control.
33.

Any of the notice requirements herein may be waived, in whole or in part, but

only in writing signed by an outside counsel of record for the Party against whom such waiver
will be effective. For purposes of this provision an e-mail will constitute a writing signed by the
sender.
34.

If a receiving party learns that, inadvertently or otherwise, it has disclosed

Protected Documents and/or Confidential Information to any person or in any circumstance not
authorized under this Order, the receiving party must immediately (a) notify in writing the
producing party of the unauthorized disclosures, (b) use its best efforts to retrieve all copies of
the Protected Documents and/or Confidential Information, (c) inform the person or persons to

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whom unauthorized disclosures were made of all the terms of this Order, and (d) request such
person or persons to execute the “Acknowledgment To Be Bound” that is attached hereto as
Exhibit A.
35.

If at any time documents containing Protected Documents and/or Confidential

Information are subpoenaed or otherwise requested through litigation or arbitral, administrative,
or legislative body, the person to whom the subpoena or other request is directed shall
immediately give written notice thereof to every Party who has produced such documents and to
its counsel and shall provide each such Party with an opportunity to object to the production of
such documents or information. If a producing Party does not take steps to prevent disclosure of
such documents or information within ten (10) business days of the date written notice is given,
the Party to whom the referenced subpoena is directed may produce such documents and/or
information in response thereto.
36.

The United States District Court for the District of Nebraska is responsible for the

interpretation and enforcement of this Agreed Protective Order.

After termination of this

litigation, the provisions of this Agreed Protective Order shall continue to be binding. This
Court retains and shall have continuing jurisdiction over the Parties and recipients of the
Protected Documents and/or Confidential Information for enforcement of the provision of this
Agreed Protective Order following termination of this litigation.
37.

This Protective Order shall become effective as between the Parties immediately

upon submission to the Court for approval, notwithstanding the pendency of approval by the
Court. If approval by the Court is ultimately withheld or made conditional, no Party shall treat
any designated Protected Documents and/or Confidential Information produced prior to that time

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other than as provided in this Protective Order without giving the producing Party sufficient
advance notice to allow for application to the Court for additional relief.
38.

Nothing herein shall 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 Protected Documents and/or
Confidential Information.
IT IS SO ORDERED.
DATED June 14, 2013.

BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NUTECH VENTURES,
C.A. NO. 8:12-CV-00289-LSC-FG3
Plaintiff and Counterclaim
Defendant,
v.
STIPULATED PROTECTIVE ORDER
SYNGENTA SEEDS, INC. and
TRENTON AGRI PRODUCTS LLC,
Defendants and Counterclaim
Plaintiff Syngenta Seeds, Inc.
I,____________________________________________, hereby acknowledge that, as an
expert or consultant under Paragraphs 16(c) and 19-20 or as another nonparty of the Protective
Order ordered by the Court in this case, I am about to receive Protected Documents and/or
Confidential Information as defined in the Protective Order.
I certify my understanding that the Protected Documents and/or Confidential Information
are being provided to me pursuant to the terms and restrictions of the Protective Order, and that I
have been given a copy of and have read and understood my obligations under that Protective
Order. I hereby agree to be bound by the terms of the Protective Order. I clearly understand that
the Protected Documents and/or Confidential Information and my copies or notes relating thereto
may only be disclosed to or discussed with those persons permitted by the Protective Order to
receive such material.

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I will return on request all materials containing Protected Documents and/or Confidential
Information, copies thereof, and notes that I have prepared relating thereto, to outside counsel for
the party to the litigation by whom or on whose behalf I am retained.
I hereby submit to the jurisdiction of this Court for the purpose of enforcement of the
Protective Order and waive any and all objections to jurisdiction and venue.
I make the above statements under penalty of perjury.

Date: _________________________________
City and State where sworn and signed: _________________________________
Printed name: ______________________________
[printed name]
Signature: __________________________________
[signature]
Address/Phone:
____________________________________________
____________________________________________
____________________________________________

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