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Sorrell Holdings LLC v. Infinity Headwear & Apparel, LLC

United States District Court, W.D. Arkansas, Texarkana Division

December 16, 2016

SORRELL HOLDINGS LLC PLAINTIFF
v.
INFINITY HEADWARE & APPARREL, LLC DEFENDANT

          PROTECTIVE ORDER

          Hon. Susan O. Hickey, United States District Judge.

         Before the Court is the parties' Joint Motion for Entry of Agreed Protective Order. (ECF No. 13). The parties to this case, through their respective counsel, agree to protect the confidentiality of certain information that may be discovered or offered into evidence at the trial of this case. Upon consideration, the Court finds that parties' motion (ECF No. 13) should be and hereby is GRANTED. The Protective Order is as follows:

         1. Proceedings and Information Governed

         This Order (“Protective Order”) is made under Rule 26(c) of the Federal Rules of Civil Procedure.

         This Protective Order applies to any document, information, or other tangible or intangible thing (collectively, “documents”) furnished by a party to any other party, as well as documents furnished by non-parties who receive subpoenas in connection with this action, if and when the documents are designated by a party or non-party as “Confidential Information” or “Highly Confidential Information” in accordance with the terms of this Protective Order. This Protective Order also applies to copies, excerpts, abstracts, analyses, summaries, descriptions, or other forms of recorded information or data containing, reflecting, or disclosing all or parts of designated documents.

         2. Designation and Maintenance of Documents and Information

         A. “Confidential Information” designation means that the document contains trade secrets or commercial information not publicly known, which trade secrets or commercial information is of technical or commercial advantage to its possessor, in accordance with Fed.R.Civ.P. 26(c)(7), or other information required by law or agreement to be kept confidential.

         B. The “Highly Confidential Information” designation means that the document contains information that the producing party deems especially particularly sensitive, which may include, but is not limited to, confidential research and development, financial, technical, marketing, any other sensitive trade secret information, or information capable of being utilized for the preparation or prosecution of a patent application dealing with such subject matter.

         C. “Confidential Information” and “Highly Confidential Information” does not include, and this Protective Order does not apply to, documents already in the knowledge or possession of the party to whom disclosure is made unless that party is already bound by an agreement not to disclose such information, or information that has been disclosed to the public or third persons in a manner making such information no longer confidential.

         3. Documents Produced in Discovery and Depositions

         A. Documents and things produced during the course of this litigation within the scope of paragraph 2(A) or 2(B) above, may be designated by the producing party as containing “Confidential Information” by placing on each page and each thing a legend substantially as follows:

         CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER

         Documents and things produced during the course of this litigation within the scope of paragraph 2(A) above may be designated by the producing party as containing “Highly Confidential Information” by placing on each page and each thing a legend substantially as follows:

         HIGHLY CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER

         For digital files being produced, the producing party may mark the medium, container, or communication in which the digital files are contained.

         B. Depositions

         (i) For deposition testimony or exhibits to be entitled to protection under this Order, a party must designate the testimony and exhibits disclosed at a deposition as “Confidential Information” or “Highly Confidential Information” by requesting the reporter to so designate the transcript or any portion of the transcript at the time of the deposition.

         (ii) If no such designation is made at the time of the deposition, any party has fourteen (14) days after delivery by the court reporter of the transcript of the deposition session to designate, in writing to the other parties and to the court reporter, what portions of the transcript and which exhibits the party designates as “Confidential Information” and “Highly Confidential Information.”

         (iii) During the transcription and following fourteen (14) day period after a deposition session, the transcript and exhibits must be treated as Highly Confidential Information, unless the disclosing party consents to less confidential treatment of the information.

         (iv) Each party and the court reporter must attach a copy of any final an d timely written designation notice to the transcript and each copy of the transcript in its possession, custody or control, and the portions designated in such notice must thereafter be treated in accordance with this Protective Order. It is the responsibility of counsel for each party to maintain materials containing Confidential Information or Highly Confidential Information in a secure manner and appropriately identified so as to allow access to such information only to such persons and under such terms as is permitted under this Protective Order.

         (v) If no such designation is made at the deposition or within the fourteen (14) day period following delivery of the transcript, then the entire deposition will be considered devoid of Confidential Information or Highly Confidential Information.

         4. Inadvertent Failure to Designate

         A. The inadvertent failure to designate a document as “Confidential Information” or “Highly Confidential Information” will not be a waiver of a claim that the document contains confidential information, and will not prevent the producing party from designating such information as ...


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