Perritt et al v. The Cupcakery, et al

Filing 64

Opposed MOTION for Protective Order Regarding Confidential Information by Pamela F. Jenkins, The Cupcakery. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Slater, Jodie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
RICKY B. PERRITT, Individually;
THE CUPCAKERY, LLC, a Texas Limited
Liability Company; BUSTER BAKING,
LLC, a Texas Limited Liability Company;
THE WOODLANDS BAKING, LLC,
a Texas Limited Liability Company;
CUSTOM VERSION CORPORATION,
a Texas Corporation,
Plaintiffs,
v.
PAMELA F. JENKINS, Individually; and
THE CUPCAKERY LLC, a Nevada
Limited Liability Company,
Defendants.

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Civil Action No. 4:11-CV-23

DEFENDANTS’ MOTION FOR ENTRY OF PROTECTIVE
ORDER REGARDING CONFIDENTIAL INFORMATION
Defendant Pamela F. Jenkins (“Jenkins”) and Defendant The Cupcakery, LLC, a Nevada
Limited Liability Company (“Nevada Cupcakery”) (collectively, Jenkins and The Nevada
Cupcakery are the “Defendants”) hereby file this, their Motion for Entry of Protective Order
Regarding Confidential Information, and would show the Court as follows:
GROUNDS FOR MOTION
1.

Defendants move for entry of a Protective Order in this matter. The Settlement

Agreement attached to the Original Complaint is confidential, as are recipes, customer and
vendor lists, and other proprietary information of the parties.

In fact, both Plaintiffs and

Defendants have filed various pleadings under seal in this matter to protect confidentiality.
2.

On February 4, 2011, counsel for Plaintiffs requested that counsel for Defendants

MOTION FOR ENTRY OF PROTECTIVE ORDER
REGARDING CONFIDENTIAL INFORMATION

Page 1

draft and circulate a proposed Protective Order. Counsel for Defendants circulated a draft
Protective Order to counsel for Plaintiffs on February 14, 2011. See attached Exhibit A. Having
received no response thereafter, counsel for Defendants re-circulated the draft Protective Order
to counsel for Plaintiffs on March 8, 2011. See attached Exhibit B. Counsel for Defendants
followed up with counsel for Plaintiffs on April 20, 2011 regarding the Protective Order, and
counsel for Plaintiffs indicated he would review the Protective Order and respond with
comments. Having received no response, on April 27, 2011, counsel for Defendants requested
counsel for Plaintiffs respond regarding the draft Protective Order by close of business on April
29, 2011, or counsel for Defendants would submit a motion for entry of the Protective Order as
an opposed motion. To date, counsel for Plaintiffs has not provided any input or comments to
the draft Protective Order.
3.

Having received no response, comments and/or changes to the draft Protective

Order from counsel for Plaintiffs, Defendants hereby make request that the terms and provisions
of the draft Protective Order, which is attached in both Exhibits A and B, be entered in this cause
for the benefit of all parties so that discovery may proceed in this case.

MOTION FOR ENTRY OF PROTECTIVE ORDER
REGARDING CONFIDENTIAL INFORMATION

Page 2

Respectfully submitted,

/s/Jodie A. Slater
Jodie A. Slater
Texas State Bar No. 24046862
STRONG & NOLAN, LLP
1701 N. Market St., Suite 200
Dallas, Texas 75202
[phone] (telephone)
[phone] (telecopy)
[e-mail]
ATTORNEY FOR DEFEDANTS
CERTIFICATE OF SERVICE
I hereby certify that on the 9th day of May, 2011, I electronically filed the foregoing with
the Clerk of Court using the CM/ECF system which will send notification of such filing to the
following:
Michael J. Whitten
Michael J. Whitten & Associates, P.C.
218 N. Elm Street
Denton, Texas 76201
Clyde M. Siebman
Bryan H. Burg
Stephanie R. Barnes
Siebman, Burg, Phillips & Smith, LLP
Federal Courthouse Square
300 North Travis Street
Sherman, TX 75090

/s/Jodie A. Slater
Jodie A. Slater

MOTION FOR ENTRY OF PROTECTIVE ORDER
REGARDING CONFIDENTIAL INFORMATION

Page 3

CERTIFICATE OF CONFERENCE
I hereby certify that I circulated the draft Protective Order to counsel for Plaintiffs on
February 14, 2011, again on March 8, 2011, requested input on April 20, 2011 and again on
April 27, 2011, and having received no response from counsel for Plaintiffs, submit this Motion
to the Court as an opposed motion.

/s/ Jodie A. Slater
Jodie A. Slater

MOTION FOR ENTRY OF PROTECTIVE ORDER
REGARDING CONFIDENTIAL INFORMATION

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