United States District Court, E.D. Michigan
GLOBAL MATERIAL TECHNOLOGIES, INC., Plaintiff/judgment creditor,
v.
DAHZENG METAL FIBRE CO., LTD. and DONG JUE MIN, Defendants/judgment debtors And FEDERAL-MOGUL POWERTRAIN, INC.; et al. Garnishee Defendants.
Maddin
Hauser Roth & Heller, P.C. Kathleen H. Klaus (P67207)
Attorney for Plaintiff
Patzik, Frank & Samotny Ltd., Phillip S. Reed Jonathan S.
Goodman Attorneys for Plaintiff
Brooks
Wilkins Sharkey & Turco PLLC Maureen T. Taylor (P63547)
Alexandra Stan (P80616) Brooks Wilkins Sharkey & Turco
PLLC Attorneys for Garnishee Defendants
STIPULATED PROTECTIVE ORDER
TERRENCE G. BERG, UNITED STATES DISTRICT JUDGE
Pursuant
to Local Rule 26.4 of the United States District Court for
the Eastern District of Michigan and Fed.R.Civ.P. 26(c), the
Court's authority, the Court's order regarding the
submission of a stipulated protective order (Dkt. 119), for
good cause shown, and on stipulation of the parties,
IT IS HEREBY ORDERED that any party or
non-party (the “producing party”) may designate
information, documents, testimony, tangible items, or things
produced or disclosed in this Garnishment Action as
“Confidential” or “Highly
Confidential-Attorneys' Eyes Only” under the
following terms and conditions of this Protective Order (the
“Order”):
1. Any
document, information, testimony, tangible item, or thing may
be designated “Confidential” if the producing
party determines in good faith that it contains confidential
or proprietary information (the “Confidential
Material”). Information or documents that are available
to the public may not be designated as
“Confidential”.
2. Any
document, information, tangible item, testimony, or thing
produced by any party which a party believes in good faith
contains a trade secret or other highly confidential
research, development, or commercial information as those
terms are applied within Rule 26(c)(1)(G) of the Federal
Rules of Civil Procedure, and consistent with the law of this
Circuit, which contains particularly sensitive confidential
information proprietary to the producing party may be
designated “Highly Confidential-Attorneys' Eyes
Only” (the “Highly Confidential - Attorneys'
Eyes Only Material”).
3. A
producing party may designate any document, information,
testimony, thing, or other tangible item or thing as
Confidential Material or Highly Confidential-Attorneys'
Eyes Only Material by conspicuously stamping or appending the
appropriate designation. In the case of a paper document, a
producing party may so mark the first page of a multipage
document or each applicable page. In the case of an
electronic document, a producing party may append to that
document the appropriate designation that does not alter the
metadata associated with the document, or may place the
appropriate designation mark “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY” on
the outside of the medium (whether disc, hard drive, etc.)
containing the document.
4. A
non-producing party may also designate any document,
information, testimony, tangible item, or things produced
during the course of this proceeding, not already designated
“Confidential” or “Highly
Confidential-Attorneys' Eyes Only” as Confidential
Material or Highly Confidential-Attorneys' Eyes Only
Material as if it were a producing party. The non-producing
party shall accomplish such designation by notifying all
parties in writing of the specific item so designated.
5. A
producing party may designate documents, information,
testimony, or things disclosed at a deposition as
Confidential Material or Highly Confidential-Attorneys'
Eyes Only Material on the record during the deposition or,
within 30 days of receiving the deposition transcript, by
notifying all parties in writing of the specific item so
designated or the lines and pages of the transcript that are
Confidential or Highly Confidential-Attorneys' Eyes Only
Material. All deposition transcripts and exhibits will be
deemed Highly Confidential - Attorneys' Eyes Only
Material for a period of 30 days after the receipt of the
deposition transcript.
a. If a producing party designates Confidential Material or
Highly Confidential-Attorneys' Eyes Only Material on the
record, the court reporter shall indicate that fact on the
cover page of the transcript that the transcript includes
Confidential or Highly Confidential-Attorneys' Eyes Only
Material information, and shall list the pages and line
numbers and/or exhibits of the transcript on or in which such
information is contained, and shall bind the transcript in
separate portions containing “Confidential” or
“Highly Confidential-Attorneys' Eyes Only”
and non-Confidential material. Further, during the period in
which such Confidential or Highly Confidential-Attorneys'
Eyes Only Material is discussed during the deposition, any
person present during the deposition who is not authorized to
receive such information under Paragraph 11 below shall be
excluded from that portion of the deposition.
b. A non-producing party may designate documents,
information, testimony, or things disclosed at a deposition
as Confidential or Highly Confidential-Attorneys' Eyes
Only Material in the same manner as a producing party.
6. If a party producing documents, information, testimony,
tangible items, or things inadvertently fails to mark it as
“Confidential” or “Highly
Confidential-Attorneys' Eyes Only” Material for
which it desires such treatment, it shall so inform the party
receiving the materials forthwith, but in no event later than
thirty (30) days following discovery of the inadvertent
disclosure. The receiving party thereupon shall return the
unmarked materials to the producing party and the producing
party shall substitute properly marked materials.
7. The
inadvertent or unintentional disclosure by a producing party
supplying confidential discovery material, regardless of
whether such discovery material was designated as
“Confidential” or “Highly
Confidential-Attorneys' Eyes Only” Material, shall
not be deemed a waiver in whole or in part of the producing
party's claim of confidentiality with respect to the
discovery material disclosed, provided that the producing
party making such inadvertent or unintentional disclosure
notifies the receiving parties forthwith, but in no event
later than thirty (30) days after it learns of such
inadvertent or unintentional disclosure. If discovery
material has been disclosed and is subsequently designated as
“Confidential” or “Highly
Confidential-Attorneys' Eyes Only” Material, the
parties shall make good faith efforts to preserve the
“Confidential” nature of such discovery material
and to obtain compliance with this Order from any person to
whom such discovery material was disclosed.
8. If a
producing party, at the time of disclosure, inadvertently
fails to identify as “Confidential” or
“Highly Confidential-Attorneys' Eyes Only”
any discovery material (including, without limitation,
documents, oral, visual, or recorded information) for which
it desires such treatment, and another party files the
material with the Court prior to receiving notice that such
material was inadvertently disclosed without the desired
designation, the producing party who made the inadvertent
disclosure shall be responsible for seeking appropriate
relief from the Court.
9.
Should any party object to a designation of any Confidential
Material or Highly Confidential-Attorneys' Eyes Only
Material, the parties or the producing party shall, on an
expedited basis, meet and confer in a good-faith attempt to
reach an agreement regarding the status of that material. The
parties are strongly encouraged to resolve all such
objections and, if appropriate, utilize the services of a
neutral to assist the parties in the resolution of the
dispute. If an objection is not thereby resolved, a party may
bring the dispute before the Court on an expedited basis for
a determination. The party claiming the
“Confidential” or “Highly
Confidential-Attorneys' Eyes Only” designation
shall have the burden of proving good cause for the entry of
an order maintaining the designation of the information,
documents, or ...