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Froio v. Ocean Spray Cranberries, Inc.

United States District Court, D. Massachusetts

March 11, 2019

MICHAEL FROIO and MIKHAIL SURMAN, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
OCEAN SPRAY CRANBERRIES, INC.; and DOES 1 through 20, Defendant.

          ORDER

          F. Dennis Savlor, IV U.S. Dist Judge.

         The Court recognizes that at least some of the documents and information (“materials”) being sought through discovery in the above-captioned action are, for competitive reasons, normally kept confidential by the parties.

         The materials to be exchanged throughout the course of the litigation between the parties may contain trade secrets or other confidential research, technical, cost, price, marketing or other commercial information, as is contemplated by Federal Rule of Civil Procedure 26(c)(1)(G). The purpose of this Protective Order (“Order”) is to protect the confidentiality of such materials as much as practical during the litigation. THEREFORE:

         DEFINITIONS

         1. The term “confidential information” will mean and include information (regardless of how it is generated, stored or maintained) contained or disclosed in any materials, including documents, portions of documents, answers to interrogatories, responses to requests for admissions, trial testimony, deposition testimony, and transcripts of trial testimony and depositions, including data, summaries, and compilations derived therefrom that is deemed to be confidential information by any party to which it belongs.

         2. The term “materials” will include, but is not be limited to: documents; correspondence; memoranda; bulletins; blueprints; specifications; customer lists or other material that identify customers or potential customers; price lists or schedules or other matter identifying pricing; minutes; telegrams; letters; statements; cancelled checks; contracts; invoices; drafts; books of account; worksheets; notes of conversations; desk diaries; appointment books; expense accounts; recordings; photographs; motion pictures; compilations from which information can be obtained and translated into reasonably usable form through detection devices; sketches; drawings; notes (including laboratory notebooks and records); product formulas, ingredients, recipes and production techniques; reports; instructions; disclosures; other writings; models and prototypes and other physical objects.

         3. The term “counsel” will mean outside counsel of record, and other attorneys, paralegals, secretaries, and other support staff employed at: Bursor & Fisher, P.A. and Birnbaum & Godkin, LLP (for Plaintiffs), Greenberg Traurig, LLP (for Defendant), as well as any other attorneys for any party who enters an appearance as counsel of record and are thereby bound by the terms of this Protective Order (“counsel” also includes in-house attorneys for Ocean Spray.).

         GENERAL RULES

         4. Each party to this litigation that produces or discloses any materials, answers to interrogatories, responses to requests for admission, trial testimony, deposition testimony, and transcripts of trial testimony and depositions, or information that the producing party believes should be subject to this Protective Order may designate the same as “CONFIDENTIAL” or “CONFIDENTIAL - FOR COUNSEL ONLY.”

a. Designation as “CONFIDENTIAL”: Any party may designate information as “CONFIDENTIAL” only if, in the good faith belief of such party and its counsel, the unrestricted disclosure of such information could be potentially prejudicial to the business or operations of such party.
b. Designation as “CONFIDENTIAL - FOR COUNSEL ONLY”: Any party may designate information as “CONFIDENTIAL - FOR COUNSEL ONLY” only if, in the good faith belief of such party and its counsel, the information is among that considered to be most sensitive by the party, including but not limited to trade secret or other confidential research, development, financial or other commercial information.

         5. In the event the producing party elects to produce materials for inspection, no marking need be made by the producing party in advance of the initial inspection. For purposes of the initial inspection, all materials produced will be considered as “CONFIDENTIAL - FOR COUNSEL ONLY, ” and must be treated as such pursuant to the terms of this Order. Thereafter, upon selection of specified materials for copying by the inspecting party, the producing party must, within a reasonable time prior to producing those materials to the inspecting party, mark the copies of those materials that contain confidential information with the appropriate confidentiality marking.

         6. Whenever a deposition taken on behalf of any party involves a disclosure of confidential information of any party:

a. the deposition or portions of the deposition must be designated as containing confidential information subject to the provisions of this Order; such designation must be made on the record whenever possible, but a party may designate portions of depositions as containing confidential information after transcription of the proceedings; [a] party will have until fourteen (14) days after receipt of the deposition transcript to inform the other party or parties to the action of the ...

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