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LeBlanc v. Halliburton Co.

United States District Court, D. New Mexico

January 25, 2018

BRENT LeBLANC, on behalf of himself and all others similarly situated, Plaintiff,
v.
HALLIBURTON COMPANY, Defendant.

          Matthew S. Parmet Richard J. (Rex) Burch Matthew S. Parmet Bruckner Burch PLLC Michael A. Josephson admitted pro hac vice Andrew W. Dunlap admitted pro hac vice Josephson Dunlap Law Firm Attorneys for Plaintiff

          Mark D. Temple Paige T. Bennett Reed Smith LLP Jeffrey L. Lowry Rodey, Dickason, Sloan, Akin & Robb, P.A. Attorneys for Halliburton

          STIPULATED PROTECTIVE ORDER

          HONORABLE GREGORY J. FOURATT UNITED STATES MAGISTRATE JUDGE.

         In order to preserve and maintain the confidentiality of certain materials to be produced and testimony to be given in this action, it is ordered that:

         1. Documents, electronically stored information (including writings, drawings, charts, photographs, sound recordings, video recordings, images, and other data or data compilations), other tangible items produced in discovery, [1] and testimony in this litigation that contain confidential information shall hereafter be referred to as “Protected Materials.” The Party seeking to mark Protected Materials shall hereafter be referred to as the “Designating Party.” Except as otherwise indicated below, documents, electronically stored information, other tangible items produced in discovery, and testimony designated “Confidential” or “Attorneys' Eyes Only” that are produced or delivered to the Parties and/or the Parties' attorneys, consultants, agents, or experts in this action, shall be Protected Materials and given confidential treatment as described below.

         2. For purposes of this Protective Order, Protected Materials includes any document, electronically stored information, other tangible items produced in discovery, and testimony that the Designating Party believes in good faith to contain confidential or sensitive information as defined by Federal Rule of Civil Procedure 26(c)(1)(G), including trade secrets or other confidential research, development, or commercial information; protected health information (“PHI”);[2] or other personal information that is protected by law. Protected Materials shall not contain or consist of any information generally available to the public.

         The Parties, and anyone retaining Protected Materials under Paragraph 8, infra, shall undertake reasonable efforts to prevent inadvertent or unauthorized disclosure of, or access to, Protected Materials. By way of example, types of security measures include, but are not limited to: secure servers, secure third-party cloud-based file storage, use of a secure third-party cloud-based file storage provider for email attachments, password-protected email attachments, secure wifi, and antivirus software. The Parties verify that all security measures in place are effectively implemented and updated. If any security breach threatens the confidentiality of Protected Materials, the party aware of such breach shall notify the other party immediately, in writing, of the precautions taken to ensure that the Protected Materials have not been compromised.

         3. For documents, electronically stored information, and other tangible items produced in discovery to be designated as Protected Materials, at the time of production, the Designating Party will designate each individual document by clearly stamping on each such document, “Confidential” or “Attorneys' Eyes Only.” Such stamping shall not obscure any written or printed information on the materials. In the event that material is produced in a format that is not capable of being stamped, the material should be clearly marked or identified “Confidential” or “Attorneys' Eyes Only” on the media itself or within the file structure of electronically stored information. Such marking shall not otherwise alter the media, its file structure, or its contents.

         4. Deposition testimony may also be designated as Protected Materials.

(a) The Designating Party must designate the protected testimony within thirty (30) days of service of the final transcript of the testimony to be designated. In designating such testimony, the Designating Party must specifically identify (by page and line) the discrete portion(s) of the testimony to be protected.
(b) Testimony may be designated as subject to this Protective Order by declaration of a Party or Party's Counsel on the record during a deposition. If testimony is designated as protected on the record during a deposition, the testimony will be subject to this Protective Order until thirty (30) days after service of the final transcript of the testimony to be designated, unless the Designating Party has otherwise designated the testimony as protected in accordance with paragraph 4(a).

         5. To the extent that Protected Materials or information contained therein are used in the taking of depositions, such Protected Materials or information shall remain subject to the provisions of this Protective Order.

         6. Prior to designating any material or testimony as subject to this Protective Order, the Designating Party must make a good faith determination that the material or testimony is subject to protection under Federal Rule of Civil Procedure 26(c)(1)(G) and/or contains personal information that is protected by law.

         7. If any Party disagrees with the designation of any material or testimony as being subject to this Protective Order, that Party will so notify the Designating Party in writing. The Parties may meet-and-confer to resolve any dispute. If the Parties are unable to resolve their dispute, the Designating Party may, within fourteen (14) days of receipt of such notice, apply to the Court to determine whether the disputed materials are entitled to protection in accordance with the Federal Rules of Civil Procedure. If the Designating Party does not so move within the allowed time, then the disputed materials shall lose their status as Protected Materials ...


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