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Brandenburg v. Earl L. Henderson Trucking Co.

September 2, 2010

JULIE BRANDENBURG, ET AL. PLAINTIFF,
v.
EARL L. HENDERSON TRUCKING CO., DEFENDANTS.



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

ORDER

Pending before the Court is the parties' Uncontested Motion for Protective Order (Doc. 94), filed on August 17, 2010. In accordance with Federal Rule of Civil Procedure 26(c), the Court finds there is a good cause to enter an order protecting the parties' confidential information. Wherefore, the Court hereby GRANTS the parties' Uncontested Motion for Protective Order. The parties are reminded that should any disputes arise regarding the scope or application of this protective order, they are required to contact the Court before filing a motion.

IT IS HEREBY ORDERED:

A. The following words and terms are defined as follows for purposes of this Protective Order:

1. "Parties" shall mean Plaintiff Julie Brandenburg, Defendant Earl L. Henderson Trucking Company, Defendant Premium Transportation Staffing, Inc., Defendant Premium Enterprises, Inc., and any additional party this Court may subsequently recognize as subject to this protective order, and their attorneys.

2. When used in this Order, the word "document" or "documents" means all written, recorded or graphic matter whatsoever, produced by any party or non-party pursuant to discovery, Federal Rules of Civil Procedure, subpoena, or by agreement, and deposition transcripts and exhibits and/or any portion of any court filings that quote from or summarize any of the forgoing.

3. "Confidential Information" shall mean Defendant Earl L. Henderson Trucking Company's Answer to Plaintiff's First Interrogatories to Defendant Earl L. Henderson Trucking Co. Number 7, Defendant Earl L. Henderson Trucking Company's Answer to Plaintiff's First Request for Production to Defendant Earl L. Henderson Trucking Co. Number 6, Defendant Premium Transportation Staffing, Inc.'s Answer to Plaintiff's First Interrogatories to Defendant Premium Transportation Staffing, Inc. Number 9, Defendant Premium Transportation Staffing, Inc.'s Answer to Plaintiff's First Request for Production to Defendant Premium Transportation Staffing, Inc. Number 6, Defendant Premium Enterprises, Inc.'s Answer to Plaintiff's First Interrogatories to Defendant Premium Enterprises, Inc. Number 9, Defendant Premium Enterprises, Inc.'s Answer to Plaintiff's First Request for Production to Defendant Premium Enterprises, Inc. Number 6 produced during the course of discovery. The producing party shall designate Confidential Information as "Confidential: Subject to Protective Order". Documents containing Confidential Information produced in this action may be designated by any party or parties by marking the first page of the document in this manner. Documents unintentionally produced without such designation may be retroactively designated as Confidential Information by written notice of the producing party and shall be treated as Confidential Information from the date of such notice.

4. Any party may, in good faith, designate as "ATTORNEY'S EYES ONLY" any Confidential Information which, if disclosed, could significantly and irreparably prejudice its business dealings or interests with customers or potential customers, or intrude upon the privacy of any nonparty (this subset of Confidential Information shall be referred to as "Attorney's Eyes Only Material"). In the event of such a designation, only attorneys of record and designated experts may have access to the Attorney's Eyes Only Material. Attorney's Eyes Only Material shall not be disclosed under any circumstances to anyone including the parties, their current employees, in-house counsel, or officers without first obtaining the written approval of the producing party making the designation. Any expert to whom Attorney's Eyes Only Material is provided, as a condition of receiving such material, shall fully abide by all terms of this Order and prior to any disclosure is made to the expert, shall execute and provide to producing party, a written acknowledgement of this Order. Attorney's Eyes Only Material may, however, be used in the course of litigation- including but not limited to depositions, pleadings, hearings, or trial of this matter- subject to the limitations contained in this Order.

5. All Confidential Information produced or exchanged in the course of this litigation shall be used solely for the purpose of preparation, trial, or any appeal of this litigation and for no other purpose whatsoever, and shall not be disclosed to any person or used for any purpose except in accordance with the terms of this Order.

6. All Confidential Information shall be maintained under strict confidence by trial counsel for the parties and shall not be disclosed or made available by the receiving party to persons other than "Qualified Persons." Qualified Persons as used herein means:

(a) members or employees of trial counsel's firm who are engaged in the preparation for any hearing or trial in this action;

(b) court reporters in the performance of their official duties;

(c) this Court, including Court personnel;

(d) with respect to a particular item of information or document, persons, including parties, who prepared or assisted in the preparation of that item or document, or to whom the item or document or a copy thereof was addressed or delivered, but only to the extent such ...


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