Morgan v. Mayser USA, Inc.

          Syeda F. Davidson (P72801) Attorneys for Plaintiff Burgess Sharp & Golden, PLLC

          Thomas Schramm (P60267) Attorneys for Defendant Nemeth Law

          STIPULATED ORDER PROTECTING CERTAIN INFORMATION

          MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE

         Upon the stipulation of the parties in the above entitled matter, and the Court being fully advised in the premises;

         IT IS HEREBY ORDERED that:

         1. Any party producing documents or other information (collectively “Information”) in this litigation which that party reasonably believes is: (a) confidential and proprietary and the public or third party disclosure of which would be harmful to that party, officers, directors, managers or employees of Mayser USA, Inc., Mayser GmbH & Co KG, a company affiliated with Mayser USA, Inc., or officers, directors, managers or employees of Mayser GmbH & Co KG; (b) unlawful under privacy laws governing health, patient or employee information; or (c) subject to 45 C.F.R. Section 164.501 (protected health information), may designate such Information, or any part thereof, as confidential (hereinafter “Confidential Information”). Any discovery material designated Confidential Information shall be marked by the producing party with the legend “CONFIDENTIAL” on each page or object so designated, or otherwise clearly identify the material as such in a producing party's discovery response, correspondence or otherwise.

         2. If any Confidential Information is provided inadvertently to a discovering party without being marked as “Confidential” in accordance with the terms of this Order, the failure to so mark the Confidential Information shall not be deemed a waiver of the right to assert confidentiality. A party may designate the Confidential Information as “Confidential” at a later date, at which time the provisions of this Order shall apply prospectively to such information.

         3. Each signatory hereto hereby agrees not to disclose Confidential Information to any person other than:

a. Counsel of record in this litigation and the attorneys, paralegals, and other employees of the firm where such counsel of record practices, or Court Reporters required to transcribe designated testimony, or employees of an independent photocopying, microfilming, or similar services utilized by such counsel of record, to whom such disclosure is reasonably deemed necessary by such counsel for the conduct of this litigation (collectively “Counsel”);

b. Any party to this litigation, or officers, directors, managers or employees of Mayser USA, Inc., or officers, directors, managers or employees Mayser GmbH & Co KG;

c. Expert witnesses and non-attorney consultants retained in connection with this action by Counsel for the parties to the extent such disclosure is reasonably deemed necessary for the conduct of this litigation;

d. A party or non-party witness and counsel for such witness is in the course of his or her testimony in a deposition or trial conducted in this action;

e. The Court and Court personnel in this action, including a stenographic reporter or certified videotape operator engaged in such proceedings as are necessarily incident to the trial of this action ...