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Small Business Term Loans, Inc. v. ABC disposal Service Inc.

United States District Court, D. Massachusetts

October 12, 2017

SMALL BUSINESS TERM LOANS, INC. D/B/A BFS CAPITAL, Plaintiff,
v.
ABC DISPOSAL SERVICE, INC., NEW BEDFORD WASTE SERVICES, LLC, MICHAEL A. CAMARA, KENNETH J. CAMARA and STEVEN A. CAMARA, Defendants. ABC DISPOSAL SERVICE, INC., and NEW BEDFORD WASTE SERVICES, LLC, Plaintiffs,
v.
SMALL BUSINESS TERM LOANS, INC. D/B/A BFS CAPITAL, Defendant.

          SMALL BUSINESS TERM LOANS, INC., D/B/A BFS CAPITAL its attorneys, Donald R. Frederico (BBO#: 178220) Nolan Reichl (BBO#: 668498) Nicholas P. Brown (BBO#: 676462) PIERCE ATWOOD LLP

          ABC DISPOSAL SERVICE, INC. AND NEW BEDFORD WASTE SERVICES, LLC their attorneys Charles R. Bennett (BBO: 037380) Christopher Condon (BBO: 652430) RPHY & KING, PC

          MICHAEL A. CAMARA, KENNETH J. CAMARA and STEVEN A. CAMARA, their attorney, David B. Madoff, Esq. (BBO#: 552968) MADOFF & KHOURY LLP

          STIPULATED CONFIDENTIALITY ORDER

         Whereas, the parties to this action have stipulated that certain discovery materials are and should be treated as confidential, and have agreed to the terms of this Stipulated Confidentiality Order ("Order"); accordingly, it is hereby ORDERED:

         1. Scope.

         All documents produced in the course of discovery, all responses to discovery requests and all deposition testimony and deposition exhibits and any other materials that may be subject to discovery, including without limitation electronically stored information ("ESI") (hereinafter collectively "documents") shall be subject to this Order concerning confidential information as set forth below. The protections conferred by this Order shall cover documents designated as CONFIDENTIAL by any party or non-party pursuant to the terms of the Order. The scope of this Order does not include the treatment of personal identifying information or individual financial data of consumers to whom privacy protections are mandated by law, which information and data will be the subject of further discussion and order(s), if necessary, to the extent that the production of such data is sought.

         2. Form and Timing of Designation.

         Confidential documents shall be so designated by placing or affixing the word "CONFIDENTIAL" on the document in a manner which will not interfere with the legibility of the document and which will permit complete removal of the CONFIDENTIAL designation. Documents shall be designated CONFIDENTIAL prior to, or contemporaneously with, the production or disclosure of the documents. A party may designate as CONFIDENTIAL document(s) produced by a non-party by providing written notice to all parties of the relevant Bates numbers or other identification within fifteen (15) business days after receiving such document(s). Inadvertent or unintentional production of documents without prior designation as CONFIDENTIAL shall not be deemed a waiver, in whole or in part, of the right to designate documents as CONFIDENTIAL as otherwise allowed by this Agreement, and the producing party may thereafter designate such documents within fifteen (15) business days of the discovery of the inadvertent production or failure to designate.

         3. Documents That May be Designated Confidential.

         Any party may designate as CONFIDENTIAL any document or other discovery material that the party has in good faith determined contains information protected from disclosure by statute or contract, and/or as sensitive personal information, trade secrets, proprietary data, or sensitive research, development, financial, or commercial information.

         4. Non-Individual Review Election.

         In order to facilitate timely and cost-effective disclosure of a large number of documents that may contain CONFIDENTIAL information, but that have not yet been individually reviewed, the producing party may elect to designate an entire production of documents, or any specified subsection thereof, as CONFIDENTIAL, with the understanding that if, upon review, the party seeking discovery believes such designation is unwarranted for a particular document, that party may bring the document to the producing party's attention for an independent review of whether to maintain the CONFIDENTIAL designation or remove it, pursuant to the procedure set forth in ¶ 9. If a party elects to so produce documents, it will inform the party seeking discovery of this election, and any documents so produced shall be treated as CONFIDENTIAL unless and until such time it is designated otherwise by waiver, agreement or order of the Court.

         5. Depositions.

         Deposition testimony and the transcripts and video recordings of depositions conducted in this action shall be treated as CONFIDENTIAL for a period of fifteen (15) business days, or such different number of days as the parties may agree in writing, after receipt of such deposition transcript and/or video recordings. Within fifteen (15) business days after receipt of the transcript, a designating party may serve a notice of designation to all parties of record as to specific portions of the transcript and/or video recordings to be designated CONFIDENTIAL. Any party to the action may also designate documents and/or information disclosed during a deposition as CONFIDENTIAL by so indicating on the record during the deposition. Deposition testimony so designated shall remain CONFIDENTIAL pending challenge under the terms of this Order.

         6. Protection of Confidential Material.

         a. General Protections.

         Documents designated CONFIDENTIAL and produced in this proceeding shall not be used or disclosed by the parties or counsel for the parties or any other persons identified below (¶ 6.b) for any purposes whatsoever other than preparing for and conducting the litigation (including any appeal).

         b. Limited Third Party Disclosures.

         The parties and counsel for the parties shall not disclose or permit the disclosure of any documents or other information designated CONFIDENTIAL under the terms of this Order to any other person or entity except as set forth in subparagraphs (1)-(12) below. Subject to these requirements, the following categories of persons may be ...


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