United States District Court, D. Massachusetts
LISA SLAWSBY, Individually and On Behalf of All Others Similarly Situated, Plaintiff,
CHAMPION PETFOODS USA, INC. and CHAMPION PETFOODS LP, Defendants.
GREENBERG TRAURIG, P.A. David G. Thomas, Gustavo Ribeiro,
David A. Coulson FL Bar No. 176222 (admitted pro hac vice)
GREENBERG TRAURIG, P.A. Attorneys for Defendants
ANDREWS DEVALERIO LLP Glen DeValerio, Daryl Andrews POMERANTZ
LLP Patrick V. Dahlstrom Gustavo F. Bruckner (admitted pro
hac vice), Samuel J. Adams (admitted pro hac vice) LOCKRIDGE
GRINDAL NAUEN P.L.L.P. Robert K. Shelquist (admitted pro hac
vice), Rebecca A. Peterson (admitted pro hac vice) Attorneys
A. O'Toole, Jr. United States District Judge.
Lisa Slawsby ("Plaintiff), and Champion Petfoods USA,
Inc. and Champion Petfoods LP ("Defendants,"
together with Plaintiff, the "Parties") stipulate
and jointly move the Court to issue the following protective
order ("Protective Order" or the "Order")
to govern the disclosure of documents, things, and
information produced in the above-captioned action.
PURPOSES AND LIMITATIONS
and discovery activity in this action are likely to involve
production of confidential, proprietary, or private
information for which special protection from public
disclosure and from use for any purpose other than
prosecuting this litigation may be warranted. Accordingly,
the Parties hereby stipulate to and petition the Court to
enter the following Protective Order. The Parties acknowledge
that this Order does not confer blanket protections on all
disclosures or responses to discovery and that the protection
it affords from public disclosure and use extends only to the
limited information or items that are entitled to
confidential treatment under the applicable legal principles.
The Parties further acknowledge, as set forth in Section
12.3, below, that this Protective Order does not entitle them
to file confidential information under seal; Local Rule 7.2
sets forth the procedures that must be followed and the
standards that will be applied when a party seeks permission
from the Court to file material under seal.
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
“CONFIDENTIAL” Information or Items:
information (regardless of how it is generated, stored or
maintained) or tangible things that qualify for protection
under Federal Rule of Civil Procedure 26(c).
Counsel (without qualifier): Outside Counsel of
Record and In-House Counsel (as well as their support staff).
Outside Counsel of Record: attorneys who are not
employees of a party to this action but are retained to
represent or advise a party to this action, including support
staff and subcontractors.
In-House Counsel: attorneys who are employees of a
party to this action. In-House Counsel does not include
Outside Counsel of Record or any other outside counsel.
Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
Disclosure or Discovery Material: all items or
information, regardless of the medium or manner in which it
is generated, stored, or maintained (including, among other
things, testimony, transcripts, and tangible things), that
are produced or generated in disclosures or responses to
discovery in this matter.
Expert: a person with specialized knowledge or
experience in a matter pertinent to the litigation who has
been retained by a Party or its counsel to serve as an expert
witness or as a consultant in this action.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
Party: any party to this action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this action.
Professional Vendors: persons or entities that
provide litigation support services (e.g., photocopying,
videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data
in any form or medium) and their employees and
Protected Material: any Disclosure or Discovery
Material that is designated as “CONFIDENTIAL”
2.14 Receiving Party: a Party that receives
Disclosure or Discovery Material from a Producing Party.
protections conferred by this Order cover not only Protected
Material (as defined above), but also (1) any information
copied or extracted from Protected Material; (2) all copies,
excerpts, summaries, or compilations of Protected Material;
and (3) any testimony, conversations, or presentations by
Parties or their Counsel that might reveal Protected
Material. However, the protections conferred by this Order do
not cover the following information: (a) any information that
is in the public domain at the time of disclosure to a
Receiving Party or becomes part of the public domain after
its disclosure to a Receiving Party as a result of
publication not involving a violation of this Order,
including becoming part of the public record through trial or
otherwise; and (b) any information known to the Receiving
Party prior to the disclosure or obtained by the Receiving
Party after the disclosure from a source who obtained the
information lawfully and under no obligation of
confidentiality to the Designating Party. Any use of
Protected Material at trial shall be governed by a separate
agreement or order.
after final disposition of this litigation, the
confidentiality obligations imposed by this Order shall
remain in effect until a Designating Party agrees in writing,
or Court order otherwise directs. Final disposition shall be
deemed to be the later of (1) dismissal of all claims and
defenses in this action, with or without prejudice; and (2)
final judgment herein after the completion and exhaustion of
all appeals, rehearings, remands, trials, or reviews of this
action, including the time limits for filing any motions or
applications for extension of time pursuant to applicable
DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Designating ...