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Tytanic v. Blue Sky BIO, LLC

United States District Court, W.D. Oklahoma

July 5, 2017

CHRISTOPHER TYTANIC, Plaintiff,
v.
BLUE SKY BIO, LLC, Defendant.

          AGREED PROTECTIVE ORDER

          TIMOTHY D. DeGIUSTI UNITED STATES DISTRICT JUDGE.

         Upon consideration of the parties' Joint Motion for Agreed Protective Order [Doc. No. 38], the Court finds that the Motion should be GRANTED.

         Pursuant to Fed.R.Civ.P. 26, the Court enters this Agreed Protective Order and stipulations related to the disclosure of confidential information. Plaintiff Christopher Tytanic (“Tytanic”) and Defendant Blue Sky Bio, LLC (“Blue Sky”) (collectively, the “Parties”) represent that some of the documents, testimony, answers, and other material which will be produced by the Parties in this action or by third parties may include confidential information. This Agreed Protective Order (“Order”) is entered by stipulation of the Parties to protect such information, is intended to protect the confidentiality of such information and documents only to the extent reasonably necessary, and is subject to the following definitions, terms, and conditions:

         DEFINITIONS

         1. “CONFIDENTIAL”

         shall mean documents, deposition testimony, or information otherwise produced or revealed through discovery in this action, to be used solely for the purposes of the above-styled litigation that may be disclosed only to the following persons:

a. The attorneys working on this action on behalf of any party, including in-house attorneys, paralegal assistants, stenographic and clerical employees working under the direct supervisions of such counsel;
b. Employees or other representatives of the receiving party with whom the receiving party's counsel reasonably believes the subject person needs to consult solely for the purposes of prosecuting, defending, and/or appealing this lawsuit;
c. Any person not regularly employed by a party, such as an expert, who is expressly retained or sought to be retained by any attorney described in paragraph (a) above to assist in preparation of this action for trial, with disclosure only to the extent necessary to perform such work;
d. As to any particular document designated pursuant to this Order, any persons identified therein as the author(s), addressee(s), or designated recipient(s) of the document; and
e. The Court and its professional staff, independent court reports retained to report depositions or proceedings in this case, and the jury.

         2. “Designated Document” shall mean any document that has been designated as “CONFIDENTIAL.” 3. “Disclosing Party” shall mean parties to this action and third parties who give testimony or produce documents or other information.

         TERMS AND CONDITIONS

         1. This Order shall be applicable to and govern all depositions, documents, information, or things produced in response to requests issued pursuant to the Fed.R.Civ.P. 26 et seq., and all other information previously or hereafter disclosed which the Disclosing Party designates as “CONFIDENTIAL” during the pre-trial stages of this case.

         2. It is not this Court's practice to issue protective orders regarding discovery that also impacts trial proceedings. Accordingly, the necessity of protecting evidence designated pursuant to this Agreed Protective Order and received into evidence during a public trial shall be determined when, or if, a particular privacy issue is presented for decision to the Court at trial by the disclosing party seeking the ...


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