United States District Court, D. Massachusetts
ENOVATE MEDICAL, LLC By counsel: Matthew C. Cox (TN Bar No.
028212) Waller Lansden Dortch & Davis, LLP
DEFINITIVE TECHNOLOGY GROUP, LLC By counsel: Bradley M.
Stohry (Ind. Atty. No. 25820-49) Reichel Stohry LLP
AGREED PROTECTIVE ORDER
Richard G. Stearns, Judge
parties, by their undersigned counsel, pursuant to
Fed.R.Civ.P. 26(c)(1), hereby stipulate to the following
provisions of this Agreed Protective Order.
SCOPE OF PROTECTED INFORMATION
course of discovery in this action, the parties may be
required to produce information that constitutes, in whole or
in part, protected information such as trade secrets,
non-public research and development, commercial or financial
information, or other information that may cause harm to the
producing party or a non-party. The parties anticipate
production of the following categories of protected
information: trade secrets, financial information, product
research, non-public information about products and potential
products, confidential agreements, customer information and
communications, manufacturer information and communications,
and internal communications.
DESIGNATION OF PROTECTED INFORMATION
Order governs the production and handling of any protected
information in this action. Any party or non-party who
produces protected information in this action may designate
it as “Confidential” or “Attorneys'
Eyes Only” consistent with the terms of this Order.
“Designating Party” means the party or non-party
who so designates the protected information; “Receiving
Party” means the party or non-party to whom such
information was produced or disclosed. Whenever possible, the
Designating Party must designate only those portions of a
document, deposition, transcript, or other material that
contain the protected information and refrain from
designating entire documents. Regardless of any designations
made hereunder, the Designating Party is not otherwise
restricted from use or disclosure of its protected
information outside of this action. In addition, any party
may move to modify or seek other relief from any of the terms
of this Order if it has first tried in writing and in good
faith to resolve its needs or disputes with the other
party(ies) pursuant to the terms of this Order.
Application to Non-Parties:
a non-party is given copies of designated information as
permitted hereunder, it must first sign the acknowledgment to
be bound to these terms that is attached hereto as
Exhibit A; if it fails to do so, the parties to this
action must resolve any such dispute before making disclosure
of designated information as permitted hereunder to the
non-party. If a non-party wishes to make designations
hereunder, it must first sign the acknowledgment to be bound
to these terms that is attached hereto as Exhibit A.
Timing and Provisional Protection: Designations may
be made at any time. To avoid potential waiver of protection
hereunder, the Designating Party should designate information
at the time of production or disclosure, including on the
record during the taking of any testimony. Deposition
testimony will be deemed provisionally protected as
Attorneys' Eyes Only for a period of 30 days after the
transcript is released to the parties by the court reporter,
although the parties may agree at any time to different
timelines of provisional protection of information as
Confidential or Attorneys' Eyes Only as part of one or
more specific depositions. To retain any designations beyond
the provisional period, a Designating Party must designate
specific pages and lines of deposition testimony before the
provisional period has expired. Such designations must be
made in writing so that all counsel and court reporters may
append the designation to all copies of the transcripts.
Manner of Designation:
may be designated hereunder in any reasonable manner or
method that notifies the Receiving Party of the designation
level and identifies with specificity the information to
which the designation applies. If made verbally, the
Designating Party must promptly confirm in writing the
designation. Whenever possible, the Designating Party should
stamp, affix, or embed a legend of “CONFIDENTIAL”
or “ATTORNEYS' EYES ONLY” on each designated
page of the document or electronic image.
CHALLENGES TO ...