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Warren Environmental, Inc. v. Source One Environmental, Ltd.

United States District Court, D. Massachusetts

December 31, 2019

WARREN ENVIRONMENTAL, INC., Plaintiff,
v.
SOURCE ONE ENVIRONMENTAL, LTD, successor in interest to FERNCO ENVIRONMENTAL, LTD, FLEX-SEAL COUPLINGS, LTD, AND FERNCO, INC., Defendants.

          PHILLIPS & GARCIA, P.C. Carlin Phillips, Attorneys for Plaintiff

          DICKINSON WRIGHT PLLC J. Benjamin Dolan (Admitted Pro Hac Vice), Patrick B. Green (Admitted Pro Hac Vice), Michael L. Dallaire (Admitted Pro Hac Vice) MORIARTY TROYER & MALLOY LLC David M. Rogers Attorneys for Defendants

          STIPULATED PROTECTIVE ORDER

          Richard G. Stearns, U.S. District Court Judge.

         This matter having come before the Court upon the stipulation of Plaintiff Warren Environmental, Inc. (“WEI”) and Defendants Source One Environmental, Ltd., successor in interest to Fernco Environmental, Ltd. (“Source One”), Flex-Seal Couplings, Ltd. (“Flex-Seal”), and Fernco, Inc. (“Fernco, ” collectively with Source One and Flex-Seal, the “Defendants”), through their respective undersigned counsel (collectively the “Parties”), for the purpose of entering a Protective Order pursuant to Fed.R.Civ.P. 26(c) with respect to the production of documents and other information by the Parties, and potentially non-parties, in the above-captioned action (the “Action”); the Parties agreeing that a Protective Order is necessary and appropriate to protect, preserve, and maintain the confidentiality of certain information, documents, and other materials that have been or may be sought to be discovered by the Parties and/or Court in the Action, including (without limitation) the confidential, proprietary, and/or trade secret, financial, commercial, business, and personal information of the Parties, and desire that a Protective Order limiting the use, access to, and disclosure of such information, documents, and/or materials be entered; and the Court otherwise being fully advised in the premises:

         NOW, THEREFORE, IT IS HEREBY STIPULATED, AGREED AND ORDERED that:

         I. SCOPE OF THE ORDER

         1. Scope of Order: This Order applies to all documents (and the contents thereof) served, transmitted, or incorporated in this lawsuit pursuant to Rules 26 through 36 and/or Rule 45 of the Federal Rules of Civil Procedure.

         II. DESIGNATION OF MATERIALS AS “CONFIDENTIAL” OR “ATTORNEYS EYES ONLY”

         2. Confidential Designation: In producing, providing or revealing discovery materials, any party may designate as "CONFIDENTIAL" the whole or any part of discovery material which the designating party deems to constitute trade secrets, know-how, proprietary data, intellectual property or marketing, contract, financial, negotiated, or similar commercially sensitive business information or data which is not publicly known and cannot be ascertained from an inspection of publicly available documents, materials, or devices to the extent the designating party (1) maintains such information in confidence, or (2) believes that unprotected disclosure might result in economic or competitive injury. Any party may designate discovery material containing internal financial information that has not been publicly disclosed or personal and/or sensitive or proprietary information related to customers and/or other companies as "ATTORNEYS' EYES ONLY" if the disclosing party in good faith believes that such a designation is necessary to prevent the party from incurring serious economic or competitive injury. If a party determines in good faith that any of its documents or things or responses produced in the course of discovery require protection under the terms of this Order, it shall advise the other parties of this fact, and all copies of such documents or things or responses or portions thereof shall be marked “CONFIDENTIAL” or "ATTORNEYS' EYES ONLY" and treated in accordance with the terms of this Stipulated Protective Order. Discovery material designated under this Order as “CONFIDENTIAL” or "ATTORNEYS' EYES ONLY" is sometimes collectively referred to as "Protected Information." For the avoidance of any doubt, those eligible to view “CONFIDENTIAL” or “Confidential” information are identified and defined in Section 3 below and those eligible to view "ATTORNEYS' EYES ONLY" or “Attorney Eyes Only” information are identified and defined in Section 4 below.

         3. Persons Eligible to View Confidential Information: Only those designated as “Qualified Persons” under this Order are authorized to view Protected Information designated “CONFIDENTIAL” in this case. “Qualified Persons” shall consist of and be limited to:

a. Attorneys of record in this litigation and secretaries, paralegals, law clerks and support staff employees to whom, in the opinion of the attorney of record for the receiving party, it is necessary that the information be disclosed for purposes of this litigation;
b. Any person who is not an employee or business consultant of a party and who is retained by a party or its attorneys of record in this litigation solely as an independent expert for the purposes of this litigation and who agrees in writing to be bound by the terms of this Protective Order. The independent expert must complete and sign a Confidentiality Statement in the form of Exhibit A, attached hereto. A copy of that Statement must be given to the other party before access is allowed to the Confidential information in all instances except for Confidentiality Statements completed and signed by any non-testifying expert retained by any party. Non-testifying experts must complete and sign a Confidentiality Statement in the form of Exhibit A before such non-testifying expert is allowed access to any Confidential information, and such statement must be kept in the possession of the attorney(s) for the party that retained such non-testifying expert, but such Statement need not be disclosed to the other party unless so ordered by the Court.
c. Officers, directors, and/or employees expressly designated by each party, who, by accepting said designation agree to be bound by the terms of this Protective Order.
d. Any person that an attorney of record in this litigation reasonably believes needs to review the confidential information to enable the good faith prosecution or defense of this litigation, such as a potential witness. Any such person shall complete and sign a Confidentiality Statement in the form of Exhibit A, attached hereto. A copy of that Statement must be given to the other party before access is allowed to the Confidential information.
e. Any other person who is designated as a Qualified Person by Order of this Court, after notice to all parties, or who, by written agreement of the parties, is designated as a Qualified Person. Any person designated under this subparagraph must complete and sign a Confidentiality Statement in the form of Exhibit A, attached hereto. A copy of that Statement must be given to the other party before access is allowed to the Confidential information.
f. Court reporters, stenographers, clerks, law clerks, and other court personnel employed by the Court, and court reporters and/or stenographers at depositions.

         4. Persons Eligible to View Attorneys Eyes Only Information: By placing the phrase “Attorneys Eyes Only” on a document, a producing party designates that document as one to be viewed only by the Court, by attorneys of record, and/or by expert consultants retained in this proceeding, who may not disclose the content of the document to their client except with the written consent of the producing party or by order of the Court. A ...


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