Aggreko, LLC v. Barreto et al

Filing 36

PROTECTIVE ORDER by Magistrate Judge Charles S. Miller, Jr.(BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
WESTERN DIVISION
AGGREKO, LLC,
Plaintiff,
v.
GUILLERMO BARRETO and
ELITE POWER, LLC,
Defendants.

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STIPULATED PROTECTIVE
ORDER

Case No.: 1:16-cv-353-DLH-CSM

The parties, by and through their respective counsel, stipulate to the entry of this
Protective Order concerning confidential information, as follows:
1.

This Protective Order shall apply to all documents, materials, and information, including

without limitation, documents produced, answers to interrogatories, responses to requests for
admission, deposition testimony, and other information disclosed pursuant to the disclosure or
discovery duties created by the Federal Rules of Civil Procedure and designated as
"CONFIDENTIAL" pursuant to the terms of this Protective Order.
2.

As used in this Protective Order, "document" is defined as provided in Fed.R.Civ.P.

34(a). A draft or non-identical copy is a separate document within the meaning of this term.
3.

"CONFIDENTIAL" information covered under the terms of this protective order shall

include documents, materials and/or information produced either by Aggreko, LLC ("Plaintiff),
or by Guillermo Barreto and/or Elite Power, LLC ("Defendants"), when designated as
"CONFIDENTIAL" as provided herein, (a) concerning current or former employees of Aggreko
or Elite Power (including Guillermo Barreto), including personnel or personnel-related
documents or internal memoranda; (b) concerning business or financial documents, information,

research, development or commercial information, which any party contends is proprietary,
confidential or a trade secret; (c) concerning personal information relating to any employee of
Aggreko or Elite Power and (d) obtained through releases concerning personal identification,
financial and/or tax records, when designated as "CONFIDENTIAL." As a condition of
designating documents "CONFIDENTIAL," the documents must be reviewed by a lawyer of the
designating party who will certify that the designation as "CONFIDENTIAL" is based on a good
faith belief that the information is confidential or otherwise entitled to protection under Fed. R.
Civ. P. 26(c)(7).
4.

CONFIDENTIAL information shall not be disclosed or used for any purpose except the

preparation and trial of this case.
5.

CONFIDENTIAL information shall not, without the consent of the party producing it or

further Order of the Court, be disclosed except that such information may be disclosed to:
(a) attorneys working on this case;
(b) persons regularly employed or associated with the attorneys working on the case whose
assistance is required by said attorneys in the preparation for trial, at trial, or at other proceedings
in this case;
(c) the parties and designated representatives for Aggreko and Elite Power;
(d) expert witnesses and consultants retained in connection with this proceeding, to the extent
such disclosure is necessary for preparation, trial or other proceedings in this case;
(e) the Court and its employees ("Court Personnel");
(f) stenographic reporters who are engaged in proceedings necessarily incident to the conduct of
this action;

(g) deponents, witnesses, or potential witnesses; and
(h) other persons by written agreement of the parties.
6.

Documents are designated as CONFIDENTIAL by placing or affixing on them (in a

manner that

will

not

interfere

with

their

legibility)

or

otherwise

designating as

CONFIDENTIAL in clear and inconspicuous manner the following or other appropriate notice:
"CONFIDENTIAL."
7.

All depositions shall be treated as CONFIDENTIAL until expiration of thirty (30) days

after the deposition. Whenever a deposition involves the disclosure of CONFIDENTIAL
information, the deposition or portions thereof shall be designated as CONFIDENTIAL and shall
be subject to the provisions of this Protective Order. Such designation shall be made on the
record during the deposition whenever possible, but a party may designate portions of
depositions as CONFIDENTIAL after transcription, provided written notice of the designation is
promptly given to all counsel of record within thirty (30) days after notice by the court reporter
of the completion of the transcript.
8.

A party may object to the designation of particular CONFIDENTIAL information by

giving written notice to the party designating the disputed information. The written notice shall
identify the information to which the objection is made. If the parties cannot resolve the
objection within ten (10) business days after the time the notice is received, it shall be the
obligation of the party designating the information as CONFIDENTIAL to file an appropriate
motion requesting that the Court determine whether the disputed information should be subject
to the terms of this Protective Order within thirty (30) days of the aforementioned notice. If such
a motion is timely filed, the disputed information shall be treated as CONFIDENTIAL under the

terms of this Protective Order until the Court rules on the motion. If the designating party fails to
file such a motion within the prescribed time, the disputed information shall lose its designation
as CONFIDENTIAL and shall not thereafter be treated as CONFIDENTIAL in accordance with
this Protective Order. In connection with a motion filed under this provision, the party
designating the information as CONFIDENTIAL shall bear the burden of establishing that good
cause exists for the disputed information to be treated as CONFIDENTIAL.
9.

If a party seeks to refer to or attach documents or discovery material designated as

“CONFIDENTIAL” with any pleading, motion or other paper to be filed with the Court, the
party must file a motion for leave to file under seal accompanied by a memorandum in support
setting forth the legal basis for sealing the documents or discovery material, in accordance with
the Administrative Policy Governing Electronic Filing and Service. If only portions of
documents or discovery material designated as “CONFIDENTIAL” contain sensitive
information, and a party seeks to file the documents or discovery material with the Court, or if a
party seeks to file any paper that quotes or excerpts any “CONFIDENTIAL” document or
discovery material, that party must (1) file a motion for leave to file under seal and a
memorandum in support of the motion, which provides an explanation of the legal basis for
redacting information from the document, and (2) attach to the motion for leave to file under seal
an unredacted copy of the document and a proposed redacted copy of the document. The
proposed redactions shall be highlighted or otherwise identified in a manner that enables the
Court and the other party to easily review the proposed redactions.
10.

This Protective Order may be modified by the Court at any time for good cause shown

following notice to all parties and an opportunity for them to be heard.

DONE AND ORDERED this 14th day of April, 2017.

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Charles S. Miller, Jr., Magistrate Judge
United States District Court