Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Burrell Diversified Investments, LLC v. Tetra Tech, Inc.

United States District Court, D. New Mexico

January 16, 2019

BURRELL DIVERSIFIED INVESTMENTS, LLC et al., Plaintiffs,
v.
TETRA TECH, INC., Defendant.

          PROTECTIVE ORDER

          THE HONORABLE KIRTAN KHALSA UNITED STATES MAGISTRATE JUDGE

         THIS MATTER came before the Court on Tetra Tech, Inc.'s Second Motion to Compel Discovery (Doc. 78), filed November 14, 2019, pursuant to which each side submitted a proposed protective order. (Docs. 78-5, 82-2.) The Court has resolved the differences between the two sides' proposed orders as set forth herein. The Court finds that discovery in this action is likely to involve the exchange of confidential information, including confidential medical records, financial records, tax returns and other information that the parties contend are trade secrets or are otherwise confidential materials that are valuable by virtue of not being available to the general public. Accordingly, the Court finds that good cause exists for entry of a protective order. See Fed. R. Civ. P. 26(c)(1)(G) (permitting protective order “requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way . . .”).

         Pursuant to the Court's authority under Federal Rule of Civil Procedure 26(c) and in order to protect the confidentiality of confidential information obtained by the parties in connection with the above-captioned action, the Court hereby ORDERS that the following terms and conditions shall govern the handling of any and all documents and things (including all copies, excerpts, and summaries thereof), computer-generated data, information in computers and on computer disks and tapes, deposition testimony, interrogatory responses, exhibits, and any information otherwise produced, obtained, or disclosed by the parties in discovery, pretrial proceedings, trial, and post-trial proceedings in this litigation, including all information contained therein (hereinafter, the “Produced Material”):

         1. Pursuant to this Order, any person or entity, whether or not a party to this action, may designate as “CONFIDENTIAL” any Produced Material. All such Produced Material, all copies, excerpts and summaries thereof, and all information contained therein shall hereinafter be referred to as “Confidential Material.” All designations of “CONFIDENTIAL” shall be made in good faith. Produced Material may only be designated “CONFIDENTIAL” if the Produced Material contains confidential medical records, financial records, tax returns, and other information that the parties contend are trade secrets or are otherwise confidential materials that are valuable by virtue of not being available to the general public. Produced Material may not be designated “CONFIDENTIAL” if the Produced Material is available to the public or has not previously been kept in a confidential manner.

         2. The receipt of Produced Material designated as Confidential Material is not a concession, admission, or representation by the receiving party that such material, or any information contained therein, is in fact a trade secret or confidential information under applicable law. Furthermore, the designation of Produced Material as Confidential Material may not be used against any party in any proceeding and is made solely for the purposes of maintaining the confidentiality of such material, to the extent necessary for purposes of this litigation. A party shall not be deemed to have waived any privilege provided by law (including but not limited to a trade-secret privilege) by marking information as Confidential Material under this Order.

         3. Any designation of Confidential Material pursuant to this Order shall be accomplished by employing the legend “CONFIDENTIAL” as follows:

(a) in the case of documents, the legend shall be placed on or attached to each page of the document prior to its production in a manner not to interfere with the legibility of any information thereon;
(b) in the case of things, the legend shall be placed on or attached to the things;
(c) in the case of information incorporated in answers to interrogatories, the legend shall be placed on the designated pages of the interrogatory answers;
(d) in the case of depositions, designations of the portions of the deposition transcript (including exhibits) shall be made as follows:
(i) by a statement to such effect on the record during the deposition; and
(ii) for depositions, by the designating party in writing within twenty (20) calendar days of the receipt of the deposition transcript by notifying all parties to the matter in writing (including specific page and line numbers to be designated).
(e) As to any portions of deposition transcript designated as prescribed in subsection (d)(ii) of this paragraph, the designating party shall list on a separate piece of paper the specific page and line number of the transcript containing Confidential Material and whether such portions are designated as “CONFIDENTIAL” and shall furnish a copy of the list to the non-designating party.
(f) The parties shall direct the reporter attending each deposition to place the following legend in bold type on the covers of all deposition transcripts: NOTICE: This deposition is subject to a Protective Order and ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.