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Sturdivant v. Pella Corp.

United States District Court, M.D. Florida, Ocala Division

April 28, 2017

ANDREW STURDIVANT, on behalf of himself and all others similarly situated, Plaintiff,
v.
PELLA CORPORATION, Defendant.

          MORGAN & MORGAN COMPLEX LITIGATION GROUP John A. Yanchinus Patrick A. Barthle II

          NELSON MULLINS RILEY & SCARBOROUGH LLP Lee D. Wedekind, III Trial Counsel

          MILBERG LLP Attorneys for Plaintiff

          FAEGRE BAKER DANIELS LLP John P. Mandler (Pro Hac Vice) Shane A. Anderson (Pro Hac Vice) Attorneys for Defendant Pella Corporation

          STIPULATED PROTECTIVE ORDER

         THIS MATTER is before the Court on the joint motion of the Parties for entry of a Stipulated Protective Order governing the protection of confidential documents and information in this action. The Court, having reviewed the Parties' joint motion and for good cause shown, orders as follows:

         1. For purposes of this Stipulated Protective Order, “Confidential Documents” shall include any documents that a Party and its counsel (“Designating Party” or “Producing Party”) designate as confidential based upon a good faith belief that the designation is appropriate because the document contains proprietary or confidential business or financial information, trade secrets, or non-public information of a commercially sensitive, personal, or private nature. Confidential Documents may include information of whatever kind, including, but not limited to, written information or information otherwise recorded on any medium including, without limitation, paper, photographs, recordings, and electronic, optical, or magnetic disks or files.

         2. For purposes of this Confidentiality Order, “Confidential Information” shall include any information voluntarily produced in this litigation, provided in response to a written discovery request, or provided in response to a deposition question that a Party and its counsel designate as confidential based upon a good faith belief that the designation is appropriate because of the proprietary or confidential business or financial nature of the information, trade secrets contained in the information, or the nonpublic, sensitive, personal, or private nature of the information.

         3. The following procedures shall apply to the designation of Confidential Documents or Confidential Information:

a. Any document, material or information produced in response to any discovery request directed at a Party may be denominated as “Confidential” by that Party or Party's counsel by writing or stamping “CONFIDENTIAL” in the document's bates stamped endorsement.
b. During any deposition, the deponent or counsel for a deponent or Party or counsel for a Party may designate that the testimony being provided in response to the deposition question contains Confidential Information, as defined herein in paragraph 2, by stating on the record that the information is Confidential Information subject to the protections set forth in this Stipulated Protective Order. In addition, a deponent or counsel for a deponent or Party or counsel for a Party may designate additional Confidential Information, as defined herein in paragraph 2, by indicating to all Parties, in writing, thirty (30) days following receipt of a deposition transcript, the specific line numbers and page numbers of the transcript that contain Confidential Information subject to the protections set forth in this Stipulated Protective Order.

         4. If any Party receiving Confidential Documents and/or Confidential Information (“Receiving Party”) believes that such documents and/or information are not entitled to the protections set forth in this Stipulated Protective Order, the Receiving Party shall indicate to the Producing Party, in writing, the specific documents and/or information that the Receiving Party believes fall outside the protections set forth in this Stipulated Protective Order (“Identified Documents and/or Information”) and state in writing the rationale for the removal of such Identified Documents and/or Information from the protections set forth in this Stipulated Protective Order. Such a challenge may be raised at any time.

         5. If the Producing Party objects, in writing, to the Receiving Party's written notice that the Identified Documents and/or Information fall outside of the protections set forth in this Stipulated Protective Order, the confidentiality provided by this Stipulated Protective Order shall remain in effect unless otherwise ordered by the Court. Such objection shall be made within 3 weeks of receiving such written notice, or the claim of confidentiality shall be waived. The Receiving Party shall have the burden of moving the Court for an order specifically excluding the Identified Documents and/or Information from the scope of the Stipulated Protective Order, however, the burden of establishing the propriety of any claim of confidentiality shall remain with the Party seeking protection.

         6. The Parties agree that Confidential Documents and/or Confidential Information shall not be disclosed, directly or indirectly, to anyone other than the Parties, attorneys for the Parties (as well as those attorneys' staff, associates, and employees), witnesses, consultants, or expert witnesses specially retained or specially employed for purposes of the Action. To the extent any Confidential Documents and/or Confidential Information are provided to any Party's witnesses or expert witnesses, each witness, or expert witness shall: (a) agree in writing, in the form attached to this Stipulated Protective Order as Exhibit A, prior to receiving any Confidential Documents and/or Confidential Information that he or she shall be bound by the terms of this Stipulated Protective Order, and (b) shall return all Confidential Documents and/or Confidential Information to the Producing Party upon conclusion of the Action. Nothing in this Stipulated Protective Order prevents any Party from disclosing Confidential Documents and/or Confidential Information at trial to the Court or jury empanelled at the trial of this case, subject to such protections as the Court may order with respect to the treatment of Confidential Documents and/or Confidential Information at trial.

         7. The Parties and all persons subject to the provisions of this Stipulated Protective Order agree to use Confidential Documents and/or Confidential Information solely and exclusively for purposes of preparing for, conducting, and/or participation in the Action, and not for any other litigation, except for this Action, ...


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