Pentair Water Pool and Spa, Inc. et al v. Hayward Industries, Inc. et al

Filing 208

ORDER granting 187 MOTION TO PRECLUDE DISCLOSURE OF CONFIDENTIAL INFORMATION TO HAMID A. TOLIYAT. Counsel is reminded to read the order in its entirety for further information. Signed by Senior Judge James C. Fox on 7/18/2012. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

Civil Action No. 5:11-CV-459-F

PENTAIR WATER POOL AND SPA,
INC. and DANFOSS DRIVES A/S,
Plaintiffs,

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v.

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HAYWARD INDUSTRIES, INC. and
HA YWARD POOL PRODUCTS, INC.,

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Defendants.

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ORDER GRANTING PLAINTIFFS'
MOTION TO PRECLUDE
DISCLOSURE OF CONFIDENTIAL
INFORMATION TO HAMID A.
TOLIYAT

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)

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Upon Plaintiffs' Motion to Preclude Disclosure of Confidential Information to Hamid A.
Toliyat, and good cause appearing, IT HEREBY IS ORDERED that, within 10 days of the date
of this Order, counsel for Defendants shall make reasonable inquiry and advise counsel to
Plaintiffs in writing whether Professor Hamid A. Toliyathas relationships with, has worked for,
or is contemplating future relationships or work for any pool, spa or motor manufacturer or their
suppliers.
If the answers to the foregoing questions all are in the negative, Professor Toliyat shall be
permitted access to information designated "Confidential" or "Attorneys' Eyes Only" per the
terms of the Stipulated Order for the Protection of Confidential Information (DE-149).
If the answers to any of the foregoing questions are in the affirmative, Defendants'
counsel shall advise counsel for Plaintiffs in writing of (i) the identity of the companies, (ii) the
nature of Professor Toliyat's relationships with or work for the companies and (iii) the time
period of such relationships, work or contemplated work. Plaintiffs' counsel then shall have 10

days from such written notice to make further objection pursuant to the Stipulated Protective
Order.
IT IS SO ORDERED.

This

lh. day of

July

2012.

U
ed States District Court
James C. Fox,

Senior U.S. District Judge