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Korte v. Hunter's Manufacturing Co.

United States District Court, Seventh Circuit

May 9, 2013

CYRIL B. KORTE, Plaintiff,
v.
HUNTER'S MANUFACTURING COMPANY, INC. d/b/a TENPOINT CROSSBOW TECHNOLOGIES and CABELA'S RETAIL MO, LLC., Defendants.

PROTECTIVE ORDER

DONALD G. WILKERSON, Magistrate Judge.

The Court, upon good cause shown, ORDERS as follows:

1. Discovery involving the design, engineering, manufacturing, trade secrets, and financial information of Hunter's Manufacturing Company, Inc. d/b/a TenPoint Crossbow Technologies' have been requested and produced in this matter. Hunter's Manufacturing Company, Inc. d/b/a TenPoint Crossbow Technologies has a compelling interest in keeping its design, engineering, manufacturing, trade secrets, and financial information confidential, as those practices involve trade, financial, and proprietary information. The free dissemination of such trade, financial and proprietary information would be detrimental to the business interests of Hunter's Manufacturing Company, Inc. d/b/a TenPoint Crossbow Technologies. Further, Hunter's Manufacturing Company, Inc. d/b/a TenPoint Crossbow Technologies has a fundamental right of privacy to the public dissemination of its financial and proprietary information. This Order is drafted in the least restrictive manner possible, as it merely orders the parties to keep Hunter's Manufacturing Company, Inc. d/b/a TenPoint Crossbow Technologies' trade, financial, and proprietary information confidential, and all court filings and portions of court filings not containing or referring to Hunter's Manufacturing Company, Inc. d/b/a TenPoint Crossbow Technologies' trade, financial and proprietary information will be available for public access.

2. For purposes of this Order, "material pertaining to this Order" "material subject to this Order" and "said material" includes any document, material, information, photograph, blueprint, sketch, draft, rendering, email or other item that relates to the design, engineering, manufacturing, trade secrets, and/or financial information of Hunter's Manufacturing Company, Inc. d/b/a TenPoint Crossbow Technologies and contains confidential, financial, or proprietary information. A "trade secret" is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable or is the subject of reasonable efforts to maintain its secrecy, by which a business can obtain an economic advantage over competitors or customers. If a document contains both design, engineering, manufacturing, trade secret, financial information, and other non-proprietary information, it shall be redacted only as to the confidential, financial, or proprietary information.

3. Any document which the producing party intends to designate as confidential shall be stamped (or otherwise have the legend recorded upon it in a way that brings the legend to the attention of a reasonable examiner) with a notation substantially similar to the following:

Confidential - Subject to Protective Order
Unless already produced prior to the date of this Order, such stamping or marking will take place prior to production by the producing person, or subsequent to selection by the receiving party for copying. The stamp shall be affixed in such a manner as not to obliterate or obscure any written material. As to any documents already produced prior to the date of this Order, the producing party shall designate by Bates number those documents it believes are confidential within seven (7) days of the date of this Order.

4. If at any time a party (or aggrieved entity permitted by the Court to intervene for such purpose) wishes for any reason to dispute a designation of discovery materials as "Confidential" made hereunder, such person shall notify the designating party of such dispute in writing, specifying by exact Bates number(s) the Confidential discovery materials in dispute. The designating party shall respond in writing within ten (10) business days of receiving this notification. Notification of any such dispute does not in any way suspend the operation of this order.

5. If the parties are unable to amicably resolve the dispute, the proponent of confidentiality may contact the Court to set up a telephonic dispute conference for a ruling that discovery materials stamped as "Confidential" are entitled to such status and protection under this Order, provided that such contact is made within thirty (30) days from the date the challenger of the Confidential designation challenges the designation. The designating party shall have the burden of proof to establish the propriety of its Confidential designation. Written motions shall not be filed unless ordered by the Court.

6. If the time for requesting a conference, as provided herein, has expired without the requesting of any such conference, or ten (10) business days have elapsed after the appeal period for an order of this Court that the discovery materials shall not be entitled to confidential status, the Confidential discovery materials shall lose their designation.

7. The Court orders all parties and attorneys to the above referenced matter, United States District Court for the Southern District of Illinois Case No. 12-791-MJR-DGW, and their experts and agents, to refrain from disclosing any and all material pertaining to this Order to anyone outside the course of this litigation.

8. The Court orders that the parties, their attorneys, their experts, and anyone who is granted access to the material pertaining to this Order refrain from using the contents of said material for any purpose other than litigation in this case (United States District Court for the Southern District of Illinois Case No. 12-791-MJR-DGW), including preparation for trial.

9. The parties and law firms appearing as their counsel of record may make use of the material pertaining to this order described in paragraph 2 that is produced by persons subject to this Order pursuant to the discovery and pre-trial process, as the preparation of this case and trial may reasonably require, but in so doing shall disclose said material only to persons (including, but not limited to parties, their employees, counsel of record and their employees, insurers and their employees, witnesses, expert witnesses, consulting experts, and prospective witnesses) directly involved in the litigation process who must have and who shall use the information from such materials and information solely for the purpose of preparing this case for trial.

10. If the material pertaining to this Order is disclosed to persons other than Counsel of Record, it must be done so pursuant to the terms of this Order. In the event that the undersigned counsel release the material pertaining to this record to persons directly involved in the litigation process (including, but not limited to parties, their employees, counsel of record and their employees, insurers and their employees, witnesses, expert witnesses, consulting experts, and prospective witnesses), those persons are hereby ...


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