Hackl et al v. Icon Health & Fitness Inc et al

Filing 44

PROTECTIVE ORDER signed by Judge J P Stadtmueller on 6/16/09 specifying the terms that shall control confidential information produced or disclosed during the discovery and/or trial of this matter. See Order. (cc: all counsel)(nm)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
____________________________________________ T H E R E S E A. HACKL and RICHARD HACKL, P la in t iffs , and U N IT E D HEALTHCARE OF W IS C O N S I N and B L U E CROSS BLUE SHIELD OF W IS C O N S IN , In v o lu n t a r y Plaintiffs, v. IC O N HEALTH & FITNESS, INC., SEARS ROEBUCK & COMPANY and LEXINGTON INSURANCE COMPANY, D e fe n d a n ts . ____________________________________________ Case No. 08-CV-871

PROTECTIVE ORDER
B a s e d upon the declaration of Laurel Jensen and the stipulation of the parties fo r a protective order in this action pursuant to Rule 26(c), F.R.C.P., and Civil L.R. 2 6 .4 , to protect the confidentiality of four specific drawings and the information c o n ta in e d therein as follows: IT IS HEREBY ORDERED: 1. This product liability action includes allegations that the ICON Proform

6 5 0 CardioCrossTrainer was defective and unreasonably dangerous because a c o m p o n e n t "pedal spring leg" broke.

2.

The design, dimension and material specifications of the pedal spring

le g are material to the plaintiffs' failure analysis and have been requested in d is c o v e r y . 3. The component part drawings for the pedal spring leg of the Proform

6 5 0 CardioCrossTrainer are ICON Health & Fitness, Inc. drawings 188889, 178260, 1 8 2 1 0 9 and 182110, and contain the information plaintiffs seek through discovery. 4. The information contained in the four drawings is information developed

th ro u g h the economic investment of ICON Health & Fitness, Inc. and the design w o r k of the employees of ICON Health & Fitness, Inc.; the development and re fin e m e n t of this proprietary information is of economic benefit, and the fact that it is not generally known is commercially valuable, to ICON Health & Fitness, Inc. In p a r tic u la r , ICON Health & Fitness, Inc.'s competitors would be able to use such in fo rm a tio n to obtain an unfair competitive advantage in the development, marking a n d sale of comparable products. ICON Health & Fitness, Inc. treats this information a s confidential in its employment and commercial relationships as well as in civil litig a tio n . 5. This stipulation is limited to the four drawings identified in paragraph 3

p ro d u c e d in pretrial discovery, but without prejudice to a future motion for a p ro te c tiv e order during trial or an appeal.

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6.

These four drawings may be designated as confidential information by

p l a c in g or affixing on each document in a manner which will not interfere with its le g ib ility the word "CONFIDENTIAL." 7. Information or documents designated as confidential under this

s tip u la tio n must not be used or disclosed by the parties or counsel for the parties or a n y persons identified in paragraph 4 for any purposes whatsoever other than p re p a rin g for and conducting this litigation, including appeals. 8. The parties and counsel for the parties must not disclose or permit the

d is c lo s u re of any information contained in the four drawings designated as c o n fid e n tia l to any other person or entity, except the disclosure may be made in the fo llo w in g circumstances: (I) D is c lo s u re may be made to employees of counsel for the parties who h a ve direct functional responsibility for the preparation and trial of the la w s u it. Any such employee to whom counsel for the parties makes a d is c lo s u re must be advised of, and become subject to, the provisions o f this rule requiring that the documents and information be held in c o n fid e n c e . D is c lo s u re may be made only to employees of a party required in good f a ith to provide assistance in the conduct of the litigation in which the in fo r m a tio n was disclosed who are identified as such in writing to c o u n s e l for the other parties in advance of the disclosure of the c o n fid e n tia l information. D is c lo s u re may be made to court reporters engaged for depositions a n d those persons, if any, specifically engaged for the limited purpose o f making photocopies of documents. Prior to disclosure to any such c o u r t reporter or person engaged in making photocopies of documents, s u c h person must agree to be bound by the terms of this rule.

( ii)

( iii)

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(iv)

D isc lo s u re may be made to consultants, investigators, or experts (h e re in a fte r referred to collectively as "experts") employed by the p a rtie s or counsel for the parties to assist in their preparation and trial o f the lawsuit. Prior to disclosure to any expert, the expert must be in fo rm e d of and agree to be subject to the provisions of this rule re q u irin g that the documents and information he held in confidence. Except as provided in paragraph 8, counsel for the parties must keep

9.

a ll documents designated as confidential which are received under this order secure w ith in their exclusive possession and must place such documents in a secure area. 10. All copies, duplicates, extracts, summaries, or descriptions (hereinafter

re f e r re d to collectively as "copies") of documents or information designated as c o n fid e n tia l under this stipulation, or any portion thereof, must be immediately affixed w ith the word "CONFIDENTIAL" if that word does not already appear. 11. To the extent that any answers to interrogatories, transcripts of

d e p o s itio n s , responses to requests for admissions, or any other papers filed or to be file d with the Court reveal or tend to reveal information claimed to be confidential, th e s e papers or any portion thereof must be filed under seal by the filing party with th e Clerk of Court in an envelope marked "SEALED." A reference to Civil L.R. 26.4 m a y also be made on the envelope. 12. At the conclusion of this lawsuit by dismissal, on stipulation, or final

o rd e r or judgment, or any appeal therefrom, the confidential documents in paper or o th e r tangible form, including all copies and summaries or compilations thereof, shall b e returned to the producing party and all electronic versions of such confidential

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m a te ria l (including any synopsis, summary, analysis, and/or digest thereof) shall be d e s tro ye d within 30 days. 13. If any persons listed in paragraph 8 above to whom confidential material

h a s been provided and/or disclosed cease to be involved in this litigation or o th e rw is e completes the purpose for which they were provided confidential material p rio r to the conclusion of this litigation, counsel for the receiving party shall promptly in s tru c t them to return all confidential material in paper or other tangible form and d e s tro y all electronic versions of the confidential material. 14. Any party or other person may seek modification of this order.

D a te d at Milwaukee, W is c o n s in , this 16th day of June, 2009. BY THE COURT:

J .P . Stadtmueller U .S . District Judge

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