Provencio v. Intel Corporation
STIPULATED CONFIDENTIALITY ORDER by Magistrate Judge William P. Lynch. (mej)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
Case No. 1:16-cv-01268-JCH-WPL
STIPULATED CONFIDENTIALITY ORDER
Certain information, documents and things subject to discovery in this action will consist
of confidential information (“Confidential Information”) relating to the business or proprietary
interests of Intel Corporation (“Intel”) or relating to personnel information regarding Intel
employees and former Intel employees other than Plaintiff. The parties have agreed to preserve
the confidentiality of any of Intel's Confidential Information and to use such information solely
for the prosecution and defense of this action, and for no other purpose.
THIS MATTER having come before the Court upon application for a STIPULATED
CONFIDENTIALITY ORDER (“Order”) and the Court having been shown good cause for the
entry of the Order,
IT IS HEREBY ORDERED as follows:
Intel may designate documents, testimony or other evidence as Confidential
Information. The matters that may be designated as Confidential Information include, but are
not limited to, items relating to Intel’s financial status (e.g., balance sheets, income statements),
proprietary and trade secret information (e.g., retirement and pension plan information),
personnel information (e.g., employee personnel records, compensation), third-party proprietary
information, and any of Intel's other business proprietary or confidential information, or that of
any Intel-affiliated entity.
If Intel designates any material as Confidential Information, that material shall be
stamped “Confidential” or be otherwise clearly designated as confidential. Intel will affix the
“Confidential” stamp in a way which does not obstruct any of the content of the information
Upon being designated confidential, such information will immediately become
subject to the terms of this Order.
After receiving materials designated as Confidential Information, Plaintiff shall
have 30 days from the date of receipt to notify Intel of an objection to the designation. The
objection must explain the basis supporting the objection. Thereafter, Intel will have 30 days
from receipt of notice of the objection to request the Court to review the designation. The
materials shall remain designated as Confidential Information unless and until the Court rules
Any material designated as Confidential Information shall not be disclosed to any
person or entity except as follows:
Counsel for the Parties in this lawsuit and their employees, including
paralegals and clerical staff;
Plaintiff, but only to enable her to assist in the prosecution of this
Designated experts engaged by Plaintiff for the purpose of consulting,
preparing reports, and/or testifying in this proceeding; and
Court reporters retained to transcribe testimony.
If any material designated as Confidential Information is filed in court, it will be filed under seal.
Any person to whom disclosure of Confidential Information is made shall be
instructed that the Confidential Information is to remain confidential and may not be disclosed to
any other person and may not be used for any other purpose. Any person other than counsel for
a party shall, prior to having access to any Confidential Information, acknowledge in writing by
signing a copy of the attached Acknowledgement (Exhibit A), the confidentiality of the
information being disclosed and agree to treat any such information in accordance with the terms
of this Order. The original, executed copy of the Acknowledgement shall be retained by counsel
until the conclusion of this action.
It is the obligation of Plaintiff’s counsel to ensure the strict compliance with these
disclosure requirements. Any person who violates the terms of this Order is subject to the
contempt powers of the Court and any available sanction.
The inadvertent failure to designate material as Confidential Information shall not
constitute, or have the effect of, a waiver of any claim that such material or any similar material
Nothing in this Order shall constitute a waiver of Intel's right to object to
disclosure of any Confidential Information, nor shall it constitute a waiver of Plaintiff's right to
move to compel discovery of any Confidential Information not disclosed. Nothing in this Order
shall constitute a waiver of Intel's right to seek additional protective orders or to further
safeguard the disclosure or use of any additional categories of material that may not fall within
the scope of this Order.
Any other business entity that may have confidential business information that is
required to be produced in this case may designate such information as “Confidential,” at which
point such information will become subject to the terms of this Order.
All Confidential Information produced pursuant to this Order, and all copies of
such information in whatever form, will, at the request of defense counsel, be promptly returned
to Intel at the conclusion of this action. Counsel for Plaintiff shall certify compliance with the
requirements of this paragraph by Affidavit or Declaration within 60 days of the conclusion of
IT IS SO ORDERED
William P. Lynch
U.S Magistrate Judge
The Gilpin Law Firm, LLC
By electronically approved 1/16/17
Donald G. Gilpin
Christopher P. Machin
6100 Indian School Rd. NE, Ste. 115
Albuquerque, NM 87110-4180
Telephone : (505) 244-3861
Fax: (505) 254-0044
RODEY, DICKASON, SLOAN, AKIN & ROBB, P.A.
By /s/ Scott D. Gordon
Scott D. Gordon
Stephanie L. Latimer
Post Office Box 1888
Albuquerque, New Mexico 87103
(505) 768-7395 (fax)
Attorneys for Defendant Intel Corporation
Acknowledgement of Stipulated Confidentiality Order
As a recipient of Confidential Information from Intel, I have reviewed the Order and understand
that this Order is a valid and binding Order of this Court. I agree to be bound by all of the terms
of this Order and pledge to abide by all terms of this Order.
If at any time during the pendency of this action or thereafter it is alleged that I have violated any
term of this Order, I agree that I am subject to the jurisdiction of the United States District Court
for the District of New Mexico and hereby waive any objection to the Court's assertion of
personal jurisdiction over me. I understand that if the Court finds I have violated this Order, I
may be adjudged in contempt of this Court and subject to such sanctions as this Court may deem
just and appropriate, including a monetary fine.
In the alternative, I understand and agree that the rights granted in this Order may be deemed to
be contractual and in the event of any violation or alleged violation of this Order, Intel may
pursue any person who violates the Order for breach of contract and upon proof of breach may
be entitled to such contract remedies as a court of competent jurisdiction may deem just and
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