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Caffeinate Labs, Inc. v. Vante Inc.

United States District Court, D. Massachusetts

October 12, 2017

CAFFEINATE LABS, INC., Plaintiff -
v.
VANTE INC., A New York corporation, and ALEXANDER SHLAFERMAN, an individual, Defendants.

          CAFFEINATE LABS. INC., By its attorneys, John T. Mclnnes, Esq., Jodi-Ann McLane, Esq. Mclnnes & McLane, LLP

          VANTE INC. and ALEXANDER SHLAFERMAN, By their attorneys, Ernest V. Linek, Banner & Witcoff, Ltd. Richard Stockton, Banner & Witcoff, Ltd., Ten South Wacker Drive,

          STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER

         Caffeinate Labs, Inc. ("Caffeinate") and Vante Inc. and Alexander Shlaferman ("Vante") by and through their undersigned attorneys, hereby stipulate and agree to the following with regard to confidential matters in the above captioned lawsuit:

         1. This Agreement governs all documents and information produced or to be produced by any party or third party in connection with this litigation, including documents and things produced or to be produced, any answers to interrogatories, responses to requests for admissions, and deposition and other testimony disclosed through discovery in this case (the "Subject Discovery Materials"). The Subject Discovery Materials will be used for no other purpose than this litigation.

         2. "Confidential Information" as used herein means any type or classification of information in any of the Subject Discovery Materials which is designated as "CONFIDENTIAL" or "CONFIDENTIAL: ATTORNEYS' EYES ONLY" by one of the parties, or a third party (the "designating party"), in accordance with this Agreement.

         Confidential Designation

         3. Whenever the designating party determines that a disclosure of the Subject Discovery Materials will reveal matters that such party believes in good faith are not generally known or readily available to the public, and that such party deems to constitute proprietary information, confidential business or commercial information, and/or trade secrets relating to its business, such party has the right to designate such information as confidential. In the case of written information, this designation must be made by marking the page or pages where such Confidential Information is contained, "CONFIDENTIAL, " either prior to its disclosure to the other party (the "Receiving Party"), or at the time a copy(ies) of such written information is provided to the Receiving Party.

         Confidential: Attorneys' Eves Only Designation

         4. When the designating party has good reason to believe that disclosure of the Subject Discovery Materials should be limited to outside trial counsel for the Receiving Party because of its competitively sensitive nature, or for any other good reason, including, but not limited to, Subject Discovery Materials regarding, containing, reflecting, embodying or constituting product design, product specification, product sales, product volume, pricing, revenue, profit, costs, margins, customer lists, prospective customers, manufacturers, distributors, currently implemented or not yet implemented marketing or business plans, research and analyses, technical, manufacturing, and research and development information and plans for products not yet released to the marketplace, the designating party has the right to designate such Confidential Information as "CONFIDENTIAL: ATTORNEYS' EYES ONLY." In the case of written information, this designation must be made by marking the page or pages wherein such Confidential Information is contained, "CONFIDENTIAL: ATTORNEYS' EYES ONLY, " either prior to its disclosure to the Receiving Party or at the time a copy(ies) of such written information is provided to the Receiving Party.

         Depositions

         5. In the case of a deposition or other testimony, testimony containing Confidential Information shall be designated "CONFIDENTIAL" or "CONFIDENTIAL: ATTORNEYS' EYES ONLY, " either at the time of testimony or within thirty (30) days of receipt of the written transcript. Until such designations are made, the transcript must not be disclosed by the non-designating party to persons other than those persons named or approved according to Paragraph 9 herein. If no portions of the transcript are designated as "CONFIDENTIAL" or "CONFIDENTIAL: ATTORNEYS' EYES ONLY, " by any party to this action or by the deponent during said deposition or within said thirty (30) days of receipt of the transcript, the transcript shall be considered not to contain any "CONFIDENTIAL" or "CONFIDENTIAL: ATTORNEYS' EYES ONLY." At any time during the taking of a deposition on oral examination, counsel for the designating party may state that a particular line of questioning should be treated as "CONFIDENTIAL" or "CONFIDENTIAL: ATTORNEYS' EYES ONLY, " as in the case of written disclosures of information covered by Paragraphs 3 and 4 above. Counsel for the parties shall then determine whether the line of questioning should not be carried out at that particular time, or whether it should be carried out with the following conditions:

a. The reporter may be instructed to transcribe the questions and answers separate from the transcript for the remainder of the deposition, which pages shall be marked as "CONFIDENTIAL" or "CONFIDENTIAL: ATTORNEYS' EYES ONLY";
b. During any time that the line of questioning involving Confidential Information is being followed, any and all representatives of the Receiving Party other than counsel and outside experts subject to the terms of this Agreement as evidenced by the signing of a document in the form of Exhibit A attached hereto and served on opposing counsel prior to disclosure of such Confidential Information may be excluded from the deposition; and
c. Any other conditions mutually agreeable to the parties to protect the confidential status of the information.

         Use of Confidential Information at Court

         6. If any non-designating party's counsel intends to use at trial, or for the purpose of any motion filed with the Court any documents, interrogatory answers, deposition testimony, or other discovery responses which have been designated as "CONFIDENTIAL" or "CONFIDENTIAL: ATTORNEYS' EYES ONLY, " he/she shall so advise designating party's counsel prior to such use, and counsel for all parties shall confer in an effort to agree upon a procedure to maintain the confidentiality of such confidential information. If no agreement is reached, the matter shall be submitted to the Court by the party's counsel opposing the use of ...


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