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GCC Moving, LLC v. Estes Express Lines, Corp.

United States District Court, D. Massachusetts

July 26, 2017

GCC MOVING, LLC and GARY COOK d/b/a GCC MOVING Plaintiff,
v.
ESTES EXPRESS LINES, CORP. d/b/a, alias, BIG E TRANSPORTATION; and BIG E TRANSPORTATION, LLC d/b/a, alias, ESTES EXPRESS LINES; JOHN DOES 1-10, JANE DOES 1-10 and XYZ CORPORATIONS 1-10 Defendants

          PROTECTIVE ORDER

          Richard G. Stearns JUDGE

         Pursuant to Rule 26 of the Federal Rules of Civil Procedure and as requested by the Parties, who have agreed that good cause exists for a protective order, the Court enters this Protective Order to preserve and maintain the confidentiality of certain limited confidential and/or proprietary information that may be disclosed or obtained by Estes Express Lines or Big E Transportation, LLC (“Defendants”) and/or GCC Moving, LLC and Gary Cook (“Plaintiffs”), including information on Defendants' customers, such as customer contracts and account information, company financial information, strategies, and costs information not known to the general public, and confidential information concerning the Plaintiffs, such as their tax returns. The Court specifically finds that good cause exists for this Protective Order.

         1. As used herein, the following definitions apply:

a. “Confidential” means any documents (regardless whether in electronic or hard copy format) or information that contains:
i. Personal or private or confidential information relating to any party, the parties' employees, managers, or agents, such as personal financial and tax information; and
ii. Proprietary and confidential business information including Defendants' customer contracts and account information, company financial information, strategies, and costs information not known to the general public.

         2. Confidential information produced by any party shall be maintained in confidence by all parties and by other recipients qualified to receive it (“Qualified Recipients, ” as further defined herein). Confidential information shall be used solely for the purposes of prosecution and defense of claims in this litigation.

         3. Documents containing Confidential Information shall be identified by marking them with the legend “CONFIDENTIAL.” Any party may designate a document as “CONFIDENTIAL, ” but such designations must be made in the good-faith belief that the documents contain Confidential information as defined above. Any party may challenge another party's designation of a document as “Confidential” and shall do so by first seeking to resolve the dispute through discussions with the disclosing party. If the parties are unable to resolve the dispute, the challenging party may then, upon proper notice to the disclosing party, seek an appropriate order from the Court challenging such designation. If the Court agrees with the person or party challenging the designation, the disclosing person or party shall pay the reasonable attorney's fees incurred as a result of the challenge.

         4. Neither the receiving party nor its representatives shall disclose documents designated as CONFIDENTIAL, other than to the following persons (“Qualified Recipients”):

a. Designated counsel of record in this action (including law clerks, legal assistants, technical assistants, secretaries and clerks of such counsel);
b. Any individual who is a party of record in this action, along with employees of the Defendants who are actively assisting in the preparation and trial of this litigation;
c. Independent experts and consultants retained by any party whose assistance is necessary for the preparation of trial of this specific action; and
d. At any deposition, hearing or trial in this matter, witnesses for any party provided that such witnesses expressly agree to comply with the terms of this Protective Order and provided that such witnesses shall be allowed to review documents or information designated CONFIDENTIAL but shall ...

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