Lebewohl et al v. Heart Attack Grill LLC et al
Filing
10
STIPULATION AND AGREED UPON PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...Notwithstanding anything to the contrary herein. 1. Any papers filed under seal in this action shall be made part of the public record on or after 7/26/16 unless the Court otherwise orders. 2. Any person may apply to the Court for access to any papers filed under seal pursuant to this order. Should such an application be made, the person or persons who designated the sealed material as Confidential shall have the burden of establishing good cause for the continuation of the sealing order unless the Court previously made an individualized determination of the existence of good cause for sealing. (Signed by Judge Lewis A. Kaplan on 7/26/11) (cd)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JEREMY LEBEWOHL, UNCLE ABIES DEU
lNC. d/b/a 2M AVE DEU, UNCLE ABlES
DEll ON FIRST INC., and UNCLE ABIES
DELl SANDWICH TRADEMARKS LLC,
Plaintiffs.
CIVIL ACTION NO: ll-CIV-3IS3
LAK
v.
HEARTATTACKGRILLLLC,HAOLLC,
and JON BASSO,
Defendants.
I
STIPULATION AND AOREED UPON PROTECTIVE ORDER
REGARDINO CONFIDENTIAL INFORMATION
The parties, by application to this Court. hereby stipulate and agree that certain
information, documents and things subject to discovery in this action may be claimed to be or to
contain trade secrets (including but not limited to business plans, financial documents, marketing
plans and customer and distributor lists) (hereinafter collectively referred to as "Proprietary
lnfonnation").
To expedite discovery and permit the parties to proceed without delay occasioned by
disputes regarding claims of confidentiality, the parties have agreed to provide access to and
accept such information, documents and things subject to the protective provisions set forth in
this Stipulation and Protective Order. Accordingly, and by agreement ofthe parties,
IT 18 HEREBY ORDERED:
I.
All Proprietary Information, produced or exchanged in the course of this litigation
1
shall be used solely for the purpose of preparation and trial of this litigation, and for no other
purpose and shall not be disclosed to any person except in accordance with the terms of this
Order.
2.
Identifying and Designating Proprietary Information as Confidential and
Disclosure to Qualified Persons Defined in Para. 4a - 4f. Proprietary Information includes any
docwnent, tangible thing, transcript of oral testimony or recorded statement of counsel
designated by a party or other supplier as "CONFIDENTIAL" (including but not limited to
documents, transtripts, answers to interrogatories and other responses to discovery requests,
pleadings, briefs, summaries, notes, abstracts, motions, drawings and any instrument which
comprises, embodies or summarizes matter which is confidential to the party or other supplier
and which the party or other supplier desires not to be made public). A party or other supplier
will only designate information as "CONFIDENTIAL" which it in good faith believes contains
information in which it has a proprietary interest. ItOther supplier" includes non-parties which
may produce Proprietary Information in this litigation. Hereinafter, the term ''party'' includes
such "other supplier" as may be applicable. CONFIDENTIAL Proprietary Information may be
disc10sed to Qualified Persons consistent with the provisions ofparagraphs 4 - 21 hereof.
3a.
Identifying and Designating Proprietary Information as AEO Confidential and
Disclosure to Qualified Persons Defined in Para. 4a. 4b, 4c and 4d. ProprietaJy Information
comprising particularly sensitive proprietary, business or financial information of a party may be
designated as "CONFIDENTlAL -- ATTORNEYS' EYES ONLY" or "CONFIDENTIAL -
ABO," consistent with the procedures of paragraphs 4 - 21 bereof. Documents and information
designated "CONFIDENTIAL - ATTORNEYS' EYES ONLY" or "AEO" shalt be disclosed
2
only to attorneys of record identified in paragrapb 4(8), to technical experts or consultants
identified in paragraph
4(b}. to
staff of the Court identified in paragraph 4(c}. and to court
reporters identified in Daragraph 4(d}.
3b.
Declassifying ABO Proprietary Infonnation. Where a party perceives a need to
disclose Proprietary Infonnation designated as "CONFIDENTIAL -- ATTORNEYS' EYES
ONLY" to persons not encompassed in one of the foregoing categories of persons specifically
permitted to re
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