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Hobbs v. Randall-Reilly, LLC

United States District Court, M.D. Georgia, Columbus Division

March 19, 2019

KEITH HOBBS and TERRY FABRICANT, individually and on behalf of others similarly situated, Plaintiffs,
v.
RANDALL-REILLY, LLC, and YODEL TECHNOLOGIES, LLC, Defendants.

          David M. Gettings Admitted pro hac vice TROUTMAN SANDERS LLP, Nathan C. Chase Jr. Admitted pro hac vice ROBINSON BRADSHAW, Cindy D. Hanson Georgia Bar No. 323920 TROUTMAN SANDERS LLP Counsel for Defendant Randall-Reilly, LLC

          Cammi R. Jones Georgia Bar No. 398999 FISHERBROYLES, LLP, Eric Allen Admitted pro hac vice Utah Bar No. 13486 ALLEN, MITCHELL & ALLEN, PLLC Counsel for Defendant Yodel Technologies, LLC

          Steven H. Koval Georgia Bar No. 428905 THE KOVAL FIRM, LLC Counsel for Plaintiffs

          STIPULATED PROTECTIVE ORDER AND NON-WAIVER ORDER

          CLAY D. LAND, CHIEF U.S. DISTRICT JUDGE

         THIS MATTER is before the Court on the Parties' Joint Motion for a Protective Order filed on March 15, 2019 pursuant to Fed.R.Civ.P. 26(c) and Local Rule 5.4. The parties represent to the Court that discovery in this case will involve the production and review of confidential information of both parties and potentially non-parties to this action, as well as proprietary or sensitive business information of Defendants. The parties move the Court for entry of this Stipulated Protective Order and Non-Waiver Order to protect the legitimate privacy interests of the parties and non-parties. The parties believe that there is good cause for entry of the Protective Order.

         THE COURT ALERTS THE PARTIES THAT IT HAS ADDED A FINAL PARAGRAPH TO THIS PROTECTIVE ORDER THAT WAS NOT INCLUDED IN THE STIPULATED ORDER SUBMITTED TO THE COURT. CDL

         Appearing appropriate for good cause shown, the Court hereby ORDERS:

         WHEREAS, documents, testimony and information have been and may be sought, produced, or exhibited by and among the parties relating to trade secrets, proprietary systems, confidential commercial information, confidential information of or about third parties, confidential research and development, or other proprietary information belonging to Defendant, and/or other confidential information of Plaintiffs or third parties.

         WHEREAS, Plaintiffs and Defendants acknowledge that there exists a possibility that a party may produce documents which would otherwise be subject to a claim of privilege. The parties acknowledge and agree that the protections of Federal Rule of Evidence 502(b) shall govern the production of such documents and prevent the waiver of any privileges or protections.

         1. This Order shall govern the use, handling, and disclosure of all documents, testimony, or information produced or given in this action and designated in accordance with this Order.

         2. Any documents, testimony, or information submitted, either voluntarily or pursuant to any subsequent order, which is asserted in good faith by the producing party or by any other party to contain or constitute information protected by Federal Rule of Civil Procedure 26(c)(1) or other provision of law asserted by the producing party, including information subject to a contractual duty of confidentiality owed to a third party, shall be so designated in writing, or orally at a deposition, hearing, or trial, and shall be segregated from other information being submitted. Materials so designated shall be clearly marked on their face with the legend: “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEY'S EYES ONLY.” Such documents, transcripts, or other materials are referred to herein as “CONFIDENTIAL MATERIALS” and “CONFIDENTIAL-AEO MATERIALS, ” respectively. To the extent electronically stored information is produced in a format that does not permit the branding of the designation on the face of the document (e.g., native Excel files or database exports), the producing party shall add the abbreviation “CONF” or “CONF-AEO, ” respectively, to the file name of such documents.

         3. A party wishing to designate portions of a deposition transcript CONFIDENTIAL or CONFIDENTIAL-ATTORNEY'S EYES ONLY pursuant to this Order must, within five (5) business days from the conclusion of the deposition, order the original or a copy of the transcript of the deposition from the court reporter for regular turnaround. The designating party may designate those portions of the transcript CONFIDENTIAL or CONFIDENTIAL-ATTORNEY'S EYES ONLY, in accordance with paragraph 2 of this Order. The designating party shall designate such CONFIDENTIAL MATERIAL or CONFIDENTIAL-AEO MATERIAL either on the record during such deposition or by serving upon all counsel of record via facsimile or other electronic transmission a Notice setting forth the pages, line numbers, and designations. The designating party must serve such Notice within fourteen (14) calendar days after its counsel receives a copy of the deposition transcript. All transcripts will be treated as CONFIDENTIAL until the expiration of the fourteen-day period from the date of receipt of the transcript described in this paragraph. Any portions of a transcript designated as CONFIDENTIAL or CONFIDENTIAL-ATTORNEY'S EYES ONLY shall thereafter be treated as CONFIDENTIAL or CONFIDENTIAL-ATTORNEY'S EYES ONLY in accordance with this Order. The parties shall negotiate in good faith to alter the time frames set forth in this paragraph in situations where a more expedited filing of a designated portion of the deposition transcript is required.

         4. No person shall use any CONFIDENTIAL MATERIALS and CONFIDENTIAL-AEO MATERIALS, or any information derived therefrom (including but not limited to all testimony, deposition or otherwise, that refers, reflects, or otherwise discusses any such information), directly or indirectly, for any business, commercial, or competitive purposes or for any purpose whatsoever other than solely for the discovery, the preparation, and trial of this action, and/or in accordance with this Order. The parties agree that CONFIDENTIAL MATERIALS and CONFIDENTIAL-AEO MATERIALS produced in discovery in this case shall not be used, in whole or in part, by the receiving party in any other legal or administrative proceeding, other than as stated herein.

         5. Subject to paragraph 9, in the absence of prior written permission from the designating party or an order by the Court, no person shall disclose CONFIDENTIAL MATERIALS to any person other than: (i) the parties, their attorneys of record, and those attorneys' support staff employees who perform work tasks related to this case; (ii) qualified persons taking testimony involving such material and necessary stenographic, videographic, and clerical personnel; (iii) disclosed experts or consulting experts and their staff employed for this litigation; (iv) present or former employees of the producing party in connection with their depositions in this action (provided that no former employees shall be shown documents prepared after the date of his or her departure); (v) any governmental agency formally requesting such information or documents by subpoena, written notice, or other civil investigate demand, with notice provided to the designating party within five (5) ...


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