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Whiteside v. JohnsonDiversey

January 3, 2006

GINGER WHITESIDE, PLAINTIFF,
v.
JOHNSONDIVERSEY, INC. D/B/A S.C. JOHNSON PROFESSIONAL AND/OR JOHNSON WAX PROFESSIONAL, ET AL. DEFENDANT.



The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge

SECOND PROTECTIVE ORDER

WHEREAS, Rule 26 (c) of the Federal Rules of Civil Procedure provides for the issuance of protective orders limiting the disclosure of discovered information in appropriate circumstances; and

WHEREAS the parties to this litigation have agreed in good faith to limit the use and re-disclosure of certain of JohnsonDiversey, Inc.'s formulations, procedures, and business-related documents as evidenced by the terms of this Order and their signatures of their attorneys below;

NOW, THEREFORE, THIS 3rd DAY OF January, 2006, THIS COURT ORDERS THAT: Pursuant to Fed. R. Civ. P. 26(c) the following terms and conditions shall apply to the discovery from JohnsonDiversey:

1. JohnsonDiversey may claim confidential treatment for documents and information and any portions or summaries thereof revealed or produced or obtained in connection with this action and relating to the following subject matter (hereafter called "confidential information"):

Formulations; the manner in which JohnsonDiversey manufactures products; "Prosar" reports or any other document showing the manner in which JohnsonDiversey handles calls, claims (other than documents filed and made of record in lawsuits), and incident reports from customers; any document pertaining or relating to product development, improvement, testing, safety testing; any document which reveals information relating to pricing of products

2. The court finds that the above-mentioned class of information constitutes confidential information subject to the protections of Fed. R. Civ. P. 26(c). The court further finds that unless disclosure of such confidential information is limited as provided herein, actual and substantial injury may be suffered.

This order does not limit the rights of any parties to assert any other claims of privilege and confidentiality during these proceedings, nor does it limit the right of plaintiff to object to the admission of such information at trial.

3. Confidential information shall be designated by JohnsonDiversey as follows:

(a) in the case of documents, by stamping or writing "confidential" on them before production.

(b) in the case of interrogatory answers, by stating at the beginning of the answers those specific answers or parts of answers deemed confidential and by stamping or writing on the front of any set of answers the phrase "Contains Confidential Information";

(c) in the case of depositions, by a statement on the record to the effect that the testimony given or about to be given, or the exhibit introduced or about to be introduced, contains reference to confidential information, whereupon the officer transcribing the proceedings shall be instructed to stamp or write on the cover of the transcript the phrase "Contains Confidential Information"; and

(d) in all other cases, by any manner reasonably calculated to impart notice that confidential information is being disclosed.

4. Confidential information shall be used only for the purpose of conducting this litigation and not for any other purpose. Disclosure for the purpose of conducting ...


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