FLIR Systems, Inc. v. Gambaro et al

Filing 69

Minute Order by Judge Anna J. Brown. Court DENIED Defendant Gambaro's Motion 67 for Substitution of PEC NDA for FLIR Protective Order. Plaintiff's shall submit to the Court no later than 08/06/2010, a new form of protective order. Court DEFERRED resolution of Defendant Gambaro's Motion 66 for Court Order to Grant Unsealing of Protective Order Documents until James Buchal has filed a Notice of Appearance and Plaintiff has had an opportunity to respond. Court confirms the parties are not to file any additional motions until after the Rule 16 conference, which the Court will schedule after 08/13/2010. See attached Minute Order. (bb)

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UNITED STATES DISTRICT COURT DISTRICT OF OREGON CIVIL MINUTES Case No. Case Title: CV 10-231-BR FLIR Systems, Inc. v. Gambaro, et al Date : July 30, 2010 Presiding Judge: Anna J. Brown Reporter: PLAINTIFF'S COUNSEL Courtroom Deputy: Bonnie Boyer Tele: (503) 326-8053 e-mail: Bonnie_Boyer@ord.uscourts.gov DEFENDANT'S COUNSEL DOCKET ENTRY: MINUTE ORDER The Court has reviewed Plaintiff FLIR's Status Report (#64) on Protective Order and Defendant Gambaro's Motion (#67) for Substitution of PEC NDA for FLIR Protective Order. The Court concludes Plaintiff's proposed protective order is necessary to protect certain disclosures in this matter and that Defendant Gambaro's proposed non-disclosure agreement is not sufficient to do so. Accordingly, the Court DENIES Defendant Gambaro's Motion (#67) for Substitution of PEC NDA for FLIR Protective Order. Although the Court intends to enter a protective order substantially in the form Plaintiff proposed, the Court requests Plaintiff to submit to the Court no later than August 6, 2010, a new form of protective order that removes all references that the order is "proposed." The Court also suggests that the parties review the language at ¶ 3 regarding the "outside counsels' eyes only" designation to ensure it does not preclude pro se Defendant Gambaro from accessing the materials. The Court has also reviewed Defendant Gambaro's Motion (#66) for Court Order to Grant Unsealing of Protective Order Documents. Because Defendant Gambaro has stated the documents cc: ( ) All counsel Civil Minutes Hon. Anna J. Brown (Civil CaseMgt MO.wpd) DOCUMENT NO: subject to the Court's seal are in the custody of attorney James Buchal, whom Gambaro has stated will represent Defendant Motionless Keyboard Company in this matter, the Court defers resolution on this Motion until Mr. Buchal has filed a notice of appearance and has had an opportunity to respond. Plaintiff also shall have the opportunity to respond before the Court takes the matter under advisement. The Court confirms the parties are not to file any additional motions until after the Rule 16 conference, which the Court will schedule after the August 13, 2010, deadline for Defendant Motionless Keyboard Company to appear through counsel. At the Rule 16 conference, the Court will set a schedule for resolving dispositive motions. cc: ( ) All counsel Civil Minutes Hon. Anna J. Brown DOCUMENT NO: (Civil CaseMgt MO.wpd)

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