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Ringmeier v. Del Monte Fresh Produce N.A., Inc.

United States District Court, E.D. Wisconsin, Milwaukee Division

May 9, 2019

AARON RINGMEIER, an individual, Plaintif,
v.
DEL MONTE FRESH PRODUCE N.A., INC. a Florida company, Defendant.

          PROTECTIVE ORDER

          Honorable Lynn Adelman, Judge

         Based upon the stipulation of Plaintiff Aaron Ringmeier and Defendant Del Monte Fresh Produce N.A., Inc. ("the Parties"), and the representations set forth therein, the Court finds that the exchange of sensitive information between or among the Parties and/or third parties other than in accordance with this Order may cause unnecessary damage and injury to the Parties or to others. The Court further finds that the terms of this Order are fair and just and that good cause has been shown for entry of a Protective Order governing the confidentiality of documents produced in discovery, answers to interrogatories, answers to requests for admission, and deposition testimony.

         IT IS THEREFORE ORDERED THAT, pursuant to Fed.R.Civ.P. 26(c) and Civil L. R. 26(e):

         1. Definitions. As used in this protective order:

a. "attorney" means an attorney who has appeared in this action;
b. "confidential document" means a document designated as confidential under this protective order;
c. "confidential - Attorneys' Eyes Only" documents are the subset of Confidential documents designated pursuant to paragraph 2(c);
d. to "destroy" electronically stored information means to delete from all databases, applications, and file systems so that the information is not accessible without the use of specialized tools or techniques typically used by a forensic expert;
e. "document" means information disclosed or produced in discovery, including at a deposition;
f. "notice" or "notify" means written notice;
g. "party" means a party to this action; and
h. "protected document" means a document protected by a privilege or the work-product doctrine.

         2. Designating a Document or Deposition as Confidential.

         a. A party or non-party disclosing or producing a document may designate it as confidential if the party or non-party contends that it contains confidential or proprietary information.

         b. A party or non-party may designate a document as confidential by conspicuously marking each page with the word "Confidential."

         c. The parties shall have the right to further designate confidential documents or portions of documents as "Confidential - Attorneys' Eyes Only," in which case a confidential document so designated may not be revealed to another party. Designating a document as "Confidential - Attorneys' Eyes Only" means that the disclosing party reasonably and in good faith believes the information contained in the document is so highly sensitive that its disclosure could result in significant competitive or commercial disadvantage to the disclosing party. Disclosure of "Confidential - Attorneys' Eyes Only" information shall be limited to the persons designated in paragraphs 3(b)(1)-(4) and 3(b)(6).

         d. Any third parties producing documents in the course of this action may also designate documents as "Confidential" or "Confidential - Attorneys' Eyes Only", subject to the same protections and constraints as the Parties to the action. A copy of the Protective Order shall be served along with any subpoena served in connection with this action.

         e. Deposition testimony may be designated as confidential:

(1) on the record at the deposition; or
(2) within 30 days after the deposition, by promptly notifying the parties and those who were present at the deposition.
(3) If a witness is expected to testify as to confidential or proprietary information, a party or non-party may request that the witness's deposition be taken in the presence of only those ...

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