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Chaotic Labz, Inc. v. SDC Nutrition, Inc.

United States District Court, E.D. Arkansas, Western Division

August 7, 2018

CHAOTIC LABZ, INC. PLAINTIFF
v.
SDC NUTRITION, INC. DEFENDANT

          NISWANGER LAW FIRM PLC Stephen B. Niswanger, # 96012 Attorney for Plaintiff

          DOVER DIXON HORNE PLLC Gary B. Rogers, Esq. Randall L. Bynum, Esq. Adrienne M. Griffis, Esq. Attorneys for Defendant

          PROTECTIVE ORDER

          HONORABLE D.P. MARSHALL JR. UNITED STATES DISTRICT JUDGE.

         Subject to the Court's approval, the parties in this action stipulate to the following protective order.

         1. For purposes of this Order, "Confidential" information is information which concerns or relates to financial and sales information, marketing plans, formulas, the processes, operations, type of work, or apparatus, or the production, shipments, purchases, transfers, identification of customers, inventories, amount or source of any income, profits, losses, investments or expenditures of any persons, firm, partnership, corporation, or any other organization, the disclosure of which information may have the effect of causing annoyance, embarrassment, oppression, undue burden, or harm to the personal financial or competitive position of the person or entity from which the information was obtained.

         2. "Confidential" as used herein means any type or classification or form of information (oral, written, magnetic, electronic or otherwise) which is designated under this Order as "Confidential" by the producing party, whether it be a document, information contained in a document, information revealed during a deposition, information revealed in an interrogatory answer or in a response to a request for admission, information obtained from inspection of premises or things, documents subpoenaed from a third party, or otherwise.

         3. No item shall be deemed "Confidential" if it has been made public by the producing party, is generally known throughout the trade and public, or, subject to the constraints of paragraph 5 hereof, is or comes to be known to the receiving party through means not constituting breach of any proprietary or confidential relationship or obligation or breach of this Order.

         4. Nothing in this Order shall impose any restrictions on the use or disclosure by a party of material obtained by such party independent of litigation of this action, regardless of whether such material is also obtained through discovery in this action or from disclosing its own confidential material it deems appropriate.

         5. Material designated as confidential under this Order, the information contained in the material, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as confidential shall be used only for the purpose of the prosecution, defense, or settlement of this action and for no other purpose.

         6. Confidential material produced pursuant to this Order may be disclosed or made available only to the Court, counsel for a party (including the paralegal, clerical, and secretarial staff employed by counsel), and "qualified persons" designated below:

a. A party, or an officer, director, or employee of a party deemed necessary by counsel to aid in the prosecution, defense, or settlement of this action;
b. Experts or consultants (together with their clerical staff) retained by counsel to assist in the prosecution, defense, or settlement of this action;
c. Court reporters employed in this action;
d. A witness at any deposition or other proceeding in this ...

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