BRIGHT HARVEST SWEET POTATO COMPANY, INC., an Oregon corporation Plaintiff,
H.J. HEINZ COMPANY, L.P. a Pennsylvania limited partnership, Defendant.
PROTECTIVE ORDER REGARDING DISCLOSURE OF CONFIDENTIAL DOCUMENTS
B. LYNN WINMILL, District Judge.
IT IS ORDERED that the Agreed Protective Order Regarding Disclosure of Confidential Documents is GRANTED as follows:
1. As used herein, "Confidential Documents" means any documents, things, and information which a Party believes in good faith contain trade secrets, personal financial information, confidential or proprietary commercial information, or information the disclosure of which would invade privacy interests or rights of persons not party to this action (hereinafter "Confidential Information").
2. A party ("Producing Party") may designate as "Confidential" any Confidential Documents it produces in this litigation to a receiving party ("Receiving Party"). Further, any Party may designate as "Confidential" any Confidential Documents produced in this litigation by any other Party, or any third party or non-party pursuant to a document request or subpoena.
The Parties may designate all materials considered Confidential Documents pursuant to the terms of this Order by: (i) the Producing Party printing or stamping "Confidential" on the materials at the time they are produced; or (ii) in the case of materials produced by another Party, a third party, or a non-party, by letter specifically identifying the documents being designated "Confidential" sent to counsel for all Parties within thirty (30) days of receipt of the materials by the party making such designation.
3. Absent a further order of this Court, Confidential Documents produced in this case shall not be used for any purpose other than the prosecution, defense, or settlement of the above-captioned action, including all appeals, and shall not be shown, disseminated, or disclosed in any manner to anyone not authorized under this Order. Nothing contained in this Order shall prohibit any Party from disclosing or providing his or her own documents to persons outside of those listed in paragraph 4.
4. Confidential Documents from a party or someone other than a party shall be disclosed only to the following:
a. Counsel for the Parties, their attorney partners, attorney associates, and/or staff attorneys, as well as the staff members, administrative assistants, paralegals, and clerical workers of the companies/firms with whom Counsel for the Parties are affiliated and to whom disclosure is reasonably deemed necessary by said counsel for the conduct of this litigation;
b. The Parties, including present and former officers, directors, and employees of the parties who are providing assistance to counsel in the conduct of this litigation and to whom disclosure is reasonably deemed necessary by said counsel for the conduct of this litigation;
c. Any expert or consultant who is retained by a party or its counsel in connection with this litigation;
d. Any person, or counsel for said person, whom counsel for any party in good faith believes may be a witness in this litigation;
e. Witnesses, when giving testimony under oath in these proceedings;
f. Court reporters while in the performance of their official duties,
g. This Court or any other court to which any appeal of this ...