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Gulfstream Areospace Corp. v. Ellsworth Adhesives Specialty Chemical Distribution, Inc.

United States District Court, S.D. Georgia, Savannah Division

October 31, 2019

Gulfstream Aerospace Corporation, Plaintiff,
Ellsworth Adhesives Specialty Chemical Distribution, Inc., Defendant and Third-Party Plaintiff,
Chase Corporation, Third-Party Defendant.

          SHAWN A. KACHMAR Attorney for Plaintiff Hunter, Maclean, Exley & Dunn, P.C. and Michael A. Doornweerd (pro hac vice motion forthcoming) Andrew F. Merrick (pro hac vice motion forthcoming) Alisa C. Finelli (pro hac vice motion forthcoming) Attorneys for Plaintiff Jenner & Block LLP Attorneys for Plaintiff Gulfstream Aerospace Corporation

          Thomas M. Burnett (pro hac vice motion pending) Reinhart Boerner Van Deuren s.c. and James L. Roberts, IV ROBERTS TATE LLC Attorneys for Defendant Ellsworth Adhesives Specialty Chemical Distribution, Inc.

          Michael Weiss CARROLL & WEISS LLP Attorneys for Chase Corporation

          Judge R. Stan Baker



         The parties to this Agreed Confidentiality Order have agreed to the terms of this Order; accordingly, it is ORDERED:

         1. Scope. All materials produced or adduced in the course of discovery, including initial disclosures, responses to discovery requests, deposition testimony and exhibits, and information derived directly therefrom (hereinafter collectively “documents”), shall be subject to this Order concerning Confidential Information as defined below. This Order is subject to the Local Rules of this District and the Federal Rules of Civil Procedure on matters of procedure and calculation of time periods.

         2. Confidential Information. As used in this Order, “Confidential Information” means information designated as “CONFIDENTIAL” and subject to this protective order by the producing party that falls within one or more of the following categories: (a) information prohibited from disclosure by statute; (b) information that reveals trade secrets; (c) research, technical, commercial or financial information that the party has maintained as confidential; (d) medical information concerning any individual; (e) personal identity information; (f) income tax returns (including attached schedules and forms), W-2 forms and 1099 forms; or (g) personnel or employment records of a person who is not a party to the case. Good cause exists for a Confidentiality Order regarding Confidential Information because the parties would likely suffer economic harm if trade secrets or other commercial information was made public. Information or documents that are available to the public may not be designated as Confidential Information.

         3. Designation.

         (a) A party may designate a document as Confidential Information for protection under this Order by placing or affixing the words “CONFIDENTIAL” on the document and on all copies in a manner that will not interfere with the legibility of the document. As used in this Order, “copies” includes electronic images, duplicates, extracts, summaries or descriptions that contain the Confidential Information. The marking “CONFIDENTIAL” shall be applied prior to or at the time of the documents are produced or disclosed. Applying the marking “CONFIDENTIAL” to a document does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order. Any copies that are made of any documents marked “CONFIDENTIAL” shall also be so marked, except that indices, electronic databases or lists of documents that do not contain substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked.

         (b) The designation of a document as Confidential Information is a certification by an attorney or a party appearing pro se that the document contains Confidential Information as defined in this order.[1]

         4. Depositions. Unless all parties agree on the record at the time the deposition testimony is taken, all deposition testimony taken in this case shall be treated as Confidential Information until the expiration of the following: No. later than the fourteenth day after the transcript is delivered to any party or the witness, and in no event later than 60 days after the testimony was given, within this time period, a party may serve a Notice of Designation to all parties of record as to specific portions of the testimony that are designated Confidential Information, and thereafter only those portions identified in the Notice of Designation shall be protected by the terms of this Order. The failure to serve a timely Notice of Designation shall waive any designation of testimony taken in that deposition as Confidential Information, unless otherwise ordered by the Court.

         5. Protection of Confidential Material.

         (a) General Protections. Confidential Information shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in subparagraph (b) for any purpose whatsoever other than in this litigation, including any appeal thereof.

         (b) Limited Third-Party Disclosures. The parties and counsel for the parties shall not disclose or permit the disclosure of any Confidential Information to any third person or entity except as set forth in subparagraphs (1)-(9). Subject to these requirements, the following categories of persons may be allowed to review Confidential Information:

         (1) Counsel. Counsel for the parties and employees of counsel who ...

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