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Kaye v. Rain Crow Ranch, LLC

United States District Court, D. Massachusetts

April 26, 2017

ANDREW AND MELISSA KAYE, Individually, and as the Administrators of the Estate of Joshua Kaye, Plaintiffs,
v.
WHOLE FOODS MARKET GROUP, Inc., Defendant/Plaintiff-In-Crossclaim & Third-Party Plaintiff, and RAIN CROW RANCH, LLC, RAIN CROW RANCH AMERICAN GRASS FED BEEF, LLC AND FRUITLAND AMERICAN MEAT, LLC, Defendants/ Defendants-In-Crossclaim,
v.
AMERICAN GRASS FED BEEF, LLC Third-Party Defendant.

          The Defendant/Plaintiff-In-Crossclaim & Third-Party Plaintiff, WHOLE FOODS MARKET GROUP, INC. By its attorneys, LEWIS BRISBOIS BISGAARD & SMITH LLP Jeanne E. Demers The Defendant, RAIN CROW RANCH, LLC By its attorneys, MORRISON MAHONEY LLP

          Joseph G. Yannetti Joseph G. Yannetti, BBO# 669008 WEINBERG WHEELER HUDGINS GUNN & DIAL Joshua E. Swieer Alan M. Maxwel Joshua E. Swiger

          JOINT CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER

          Honorable George A. O'Toole, Jr. Judge

         Defendant Whole Foods Market Group, Inc. ("Whole Foods") and Defendants Rain Crow Ranch, LLC, Rain Crow Ranch American Grass Fed Beef, LLC, Fruitland American Meat, LLC, and Third-Party Defendant American Grass Fed Beef, LLC (collectively "Rain Crow Entities"), by and through their undersign counsel, stipulate and agree that discovery in the above-entitled civil action (the "Action") may involve the production of documents and/or information that Whole Foods and the Rain Crow Entities (the "Parties") may consider to be confidential, proprietary, and/or protected by statutory or other legal privileges. Accordingly, the parties and their undersigned counsel agree as follows:

         WHEREAS, the Parties in the Action, during the course of this Action, have been and will be presented with discovery requests seeking production of documents and/or information that the Parties claim to contain trade secrets or other confidential information.

         WHEREAS, each party maintains that the unprotected disclosure of its trade secret and confidential information will be harmful to the party producing the information; and

         WHEREAS, the Parties reserve the right to object to any discovery request that they believe should not be require the production of any documents or information.

         IT IS HEREBY ORDERED that:

         1. Scope of Order.

         This Protective Order ("Order") shall govern the use and disclosure of all alleged confidential, proprietary or trade secret information ("Protected Information") produced by or on behalf of any party or furnished by any person associated with any party on or after the date of this Order in any pleading, discovery request, discovery response, document production, subpoena, or any other disclosure or discovery proceeding in this Action. Any alleged confidential or proprietary or trade secret information produced in discovery shall only be used for the purposes of preparing for and conducting this Action and only as provided in this Order.

         2. Confidentiality Designations.

         Any party, person or entity producing information in this Action may designate any document, information, thing, or discovery response as protected by marking it at or before the time of production or exchange with the legend "HIGHLY CONFIDENTIAL" or "CONFIDENTIAL". If it is impracticable to mark something with such a legend (e.g., information contained on a computer hard drive), the designation may be made in writing. All "HIGHLY CONFIDENTIAL" designations must be based on the good faith belief that the information constitutes highly confidential, proprietary or trade secret information requiring protection above and beyond that which is afforded by this Order to documents marked "CONFIDENTIAL". All "CONFIDENTIAL" designations must be based on the good faith belief that the information constitutes (a) confidential, proprietary or (b) information subject to a legally protected right of privacy.

         3. Undertaking.

         Any documents or materials marked either "HIGHLY CONFIDENTIAL" or "CONFIDENTIAL" shall be held in confidence by each person to whom it is disclosed according to the procedures set forth in this Order; shall be used only for purposes of preparation, trial, and appeal or confirmation of this Action; shall not be used for any business or commercial purpose; and shall not be disclosed to any person who is not authorized to receive such information as provided herein. All documents or materials so marked shall be carefully maintained in secure facilities.

         4. Manner of Designation.

         a. The designation of documents or other materials shall be made by written notice in the documents or materials by affixing to it, in a manner that shall not interfere with its legibility, the words "HIGHLY CONFIDENTIAL" or "CONFIDENTIAL" on all or any part of the document or thing. Wherever practicable, the designation of "HIGHLY CONFIDENTIAL" or "CONFIDENTIAL" shall be made prior to, or contemporaneously with, production or disclosure. Documents or information designated as "HIGHLY CONFIDENTIAL" or "CONFIDENTIAL" before entry of this Order shall be treated as "HIGHLY CONFIDENTIAL" or "CONFIDENTIAL" within the meaning of this Order. The non-designating party may challenge any designation of confidentiality in accordance with Paragraph 11.

         b. All deposition transcripts in this Action shall be treated by all parties as provisionally protected as "HIGHLY CONFIDENTIAL" for a period of fourteen (14) calendar days following receipt of the transcripts. Within the fourteen (14) day period, any party may designate particular portions of a transcript as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" information by giving written notice of such designations to every other party to the Action. To the extent possible, the party making the designation shall be responsible for assuring those portions of the deposition transcript and exhibits designated "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" are appropriately bound by the reporter. The Parties should avoid designating entire transcripts as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" where only a portion thereof or the exhibits used therewith qualify for protection under this Order; to the extent reasonably practicable, only such portions or exhibits should be designated. Failure of a party to so designate any particular portion of the transcript establishes that such portion is not subject to this Order.

         c. In the event that a party is permitted by agreement or by order of the Court to inspect or review documents prior to production, all documents and things produced at such inspection will be considered to be "HIGHLY CONFIDENTIAL". At the time documents and such things are actually produced, however, an appropriate designation, if any, shall be placed on each document or thing in accordance with this Protective Order.

         5. Use and Access of Confidential Information.

         a. HIGHLY CONFIDENTIAL: Except as set forth herein or in any subsequent order of the Court or by express written consent of counsel of record, no documents, things or information designated as "HIGHLY CONFIDENTIAL" shall be, directly or ...


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