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Tankesly v. J.C. Penney Corporation, Inc.

United States District Court, D. New Mexico

March 22, 2019

GLORIA TANKESLY, as personal representative of JAMES TANKESLY, deceased. Plaintiff,
v.
J.C. PENNEY CORPORATION, INC. Defendant.

          GALLAGHER, CASADOS & MANN, P.C. By Nathan H. Mann Nathan H. Mann Harriett J. Hickman Attorneys for J.C. Penney Corporation, Inc. ATTORNEYS FOR PLAINTIFF: Samuel I. Kane, Esq. LAW OFFICES OF SAMUEL I. KANE, PA.

          STIPULATION AND ORDER GOVERNING THE PRODUCTION AND USE OF CONFIDENTIAL INFORMATION

          KEVIN R. SWEAZEA U.S. Magistrate Court Judge

         IT IS HEREBY ORDERED that the following Order Governing the Production and Use of Confidential Material (the "Order") shall govern the designation and handling of documents, depositions, deposition exhibits, interrogatory responses, admissions, and any other information produced, given or exchanged by and among the parties (or any of their attorneys or agents) or by or among any non-parties (or any of their attorneys or agents) in connection with discovery in the above- captioned action (the "Action") (such information hereinafter referred to as "Discovery Material").

         1. In this action, the parties believe in good faith that they or non-parties will produce confidential financial, proprietary or sensitive corporate or personal information, the disclosure of which outside the scope of this litigation could result in significant injury to the privacy interests of one or more of the parties or of non-parties. The parties have entered into this Stipulation and request the Court enter the within Protective Order for the purpose of preventing the disclosure and use of Confidential Information (as defined in paragraph 4 below) except as set forth herein.

         2. Discovery Material may be designated as "Confidential" in the manner and subject to the terms and conditions set forth herein. A Receiver (as defined below) shall maintain the confidentiality of any information so designated, whether such information is provided orally, by a document, or otherwise, and shall not disclose such information to any person or entity, except as set forth herein.

         3. A party (or, if applicable, non-party) designating Discovery Material as "Confidential" shall be referred to for purposes of this Stipulation and Order as a "Designating Party." Counsel for any Designating Party may designate any Discovery Material it produces as "Confidential" under the terms of this Stipulation and Order only if such counsel in good faith believes that such Discovery Material contains "Confidential Information" as defined below.

         4. For purposes of this Stipulation and Order, "Confidential Information" means Discovery Material that the Designating Party has agreed, either voluntarily or upon an Order of the Court, to produce for the sole limited purpose of the above captioned lawsuit and may include, without limitation, non-public materials containing information related to: financial or business plans or projections, acquisition offers or expressions of interest, proposed strategic transactions or other business combinations, trade secrets, proprietary technical information and specifications, business and marketing plans and strategies, studies or analyses by internal or outside experts, financial data or results, tax data, assets and liabilities, competitive analyses, personnel, personal financial information, or other commercially or personally sensitive or proprietary information.

         5. The designation of Discovery Material as "Confidential" for purposes of this Stipulation and Order shall be made in the following manner by any Designating Party:

(a) Documents or other tangible Discovery Material shall, at the time of their production, be so designated by affixing the legend "Confidential" to each page containing any Confidential Information, except that in the case of multi-page documents bound together by staple or other permanent binding, the word "Confidential" need only be stamped on the first page of the document in order for the entire document to be treated as having been designated "Confidential."
(b) Deposition testimony shall be designated "Confidential" (1) at the taking of the deposition by a statement on the record, by counsel at the time of such disclosure, or (2) by written notice sent to counsel of record for all parties (and if the deponent is a non-party, to counsel of record, if any, for the deponent) within ten (10) business days after receiving the final certified copy of the transcript thereof identifying the specific pages thereof designated as "Confidential." In both of the foregoing instances, counsel for the Designating Party shall direct that the legend "Confidential" be affixed to the portions of the original and all copies of the transcript containing any Confidential Information. Counsel shall not permit deposition transcripts to be distributed to persons beyond those specified in paragraph 8 below until the relevant period for the designation has expired. The parties may modify this procedure for any particular deposition through agreement on the record at such deposition without further order of the Court.

         6. Inadvertent failure to designate Discovery Material as "Confidential" shall not constitute a waiver of such claim and may be corrected by supplemental written notice designating such Discovery Material as "Confidential" or in a manner consistent with Paragraph 6. The party receiving such supplemental written notice shall thereafter mark and treat materials so designated as "Confidential" and such materials shall be fully subject to this Stipulation and Order as if they had been initially so designated. A person who has disclosed Discovery Material (or information contained therein) that is subsequently designated as "Confidential" to persons beyond those specified in paragraph 8 shall take reasonable steps to retrieve such Discovery Material (or information) from those recipients and to prevent further disclosures except as authorized under the terms of this Stipulation and Order.

         7. Any Discovery Material designated as "Confidential" or its contents shall not be revealed, disclosed or otherwise made known to persons, directly or indirectly, other than the following:

(a) Parties to this Action, including each party's officers, directors, managers, and employees (including in-house counsel), and other individuals affiliated with the parties deemed necessary by counsel for assistance with the prosecution or defense of this Action, provided, however, that any such persons receiving any Discovery Material designated as "Confidential" shall execute an Undertaking in the form annexed hereto as Exhibit A.
(b) Experts or consultants who are not officers, directors, managers or employees of any party who are necessary to assist counsel of record in the conduct of this Action, provided, however, that any such persons receiving any Discovery Material designated as "Confidential" shall ...

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