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.

Harsco Corp. v. Zenner

United States District Court, M.D. Pennsylvania

October 20, 2017

HARSCO CORPORATION, Plaintiff,
v.
EUGENE J. ZENNER, Defendant.

          CONFIDENTIALITY STIPULATION AND AGREED [PROPOSED] PROTECTIVE ORDER

          Christopher C. Conner Chief Judge

         To expedite the flow of discovery material, facilitate the prompt resolution of disputes over confidentiality, protect adequately material entitled to he kept confidential, and ensure that protection is afforded only to material so entitled, if is, upon stipulation of the parties, and pursuant to the Court's authority under Rule 26(c) of the Federal Rules of Civil Procedure and Local Rules 7.1 and 16.3, HEREBY STIPULATED BY THE PARTIES AND ORDERED BY THE COURT as follows:

         1. Scope of Order.

         This Protective Order (the "Order") shall govern the use and disclosure of all confidential, proprietary! or trade secret information ("Protected Information") produced by or on behalf of any party, provided by third parties (including Sisk Gratings, Inc. ("Sisk")), or furnished by any person associated with any party or third-party on or after the date of this Order in any pleading, deposition, interrogatory, request for admission, document production, or any other disclosure or discovery proceeding in the Litigation as well as at any hearing or trial in the Litigation until further order of the Court.

         Protected Information shall include, inter alia, any document or tiling that the producing party believes in good faith constitutes or embodies matter used by it in or pertaining to its business, which matter is not generally known, and which the producing party would not normally reveal to third parties or which it would cause third parties to maintain in confidence, and that, if disclosed, likely would cause the producing party serious harm. Protected Information includes, but is not limited to, technical information such as product design and manufacturing techniques or processing information, computer code, formulae, research and development information, customer lists, customer purchasing histories, customer preferences, business development, business strategy, marketing, sales, staffing, personnel data, salary information, benefit information, information provided by customers which is subject to confidentiality agreements with customers, cost, pricing, and/or profit information, forecasts, plans, methods and/or models, patent-license agreements, or information that was generated in connection with, or which reveals the content of, patent licensing negotiations, Information regarding software offerings that a party has treated as confidential and is not subject to public disclosure, and any other information that would qualify as confidential pursuant to any other legal standard applicable to matters pending before this Court, Protected Information further includes, without limitation, any trade secrets or other confidential information extracted or derived from Protected Information.

         2. Confidentiality Designations.

         Any party or third-party producing information in relation to this Litigation may designate any document, information, or discovery response, produced in this case as "CONFIDENTIAL- ATTORNEYS' EYES ONLY" or "CONFIDENTIAL, "' Such designations may also be made in the course of depositions, All "CONFIDENTIAL- ATTORNEYS' EYES ONLY" designations must be based on the good faith belief that the Protected Information constitutes trade secrets or highly sensitive business or commercial information, All "CONFIDENTIAL" designations must be based on the good Faith belief that the Protected Information constitutes (a) proprietary or sensitive business, personal, or financial information or (b) information subject to a legally protected right of privacy, 3. Undertaking. Any documents or materials marked either "CONFIDENTIAL -ATTORNEYS' EYES ONLY" or "CONFIDENTIAL1' shall be held in confidence by each person to whom they are disclosed according to the procedures set forth in this Order; shall only be used for the purposes of this Litigation (including any appeals or retrials) and only as provided in this Order; shall not be used for any business or commercial purpose; and shall not be disclosed to any person who is not authorized to receive such information as provided herein, All documents or materials so marked shall be carefully maintained in secure facilities, and access to such information, document, material, item, or thing shall be permitted only to persons properly having access thereto under the terms of this Order.

         4, Manner of Designation.

         a. The designation of documents or other materials shall be made by written notice on the documents or materials by affixing to it, in a manner that shall not interfere with its legibility, the words "CONFIDENTIAL - ATTORNEYS' EYES ONLY" or "CONFIDENTIAL" on all pages or, if not practical, any part of the document or thing, Documents or information designated as "CONFIDENTIAL - ATTORNEYS' EYES ONLY" or "CONFIDENTIAL" before entry of this Order shall be treated as "CONFIDENTIAL -ATTORNEYS' EYES ONLY" or "CONFIDENTIAL" within the meaning of this Order, b. Unless otherwise designated at a deposition, the entire text of the deposition, including all testimony therein and exhibits thereto (except for exhibits that were previously produced without being marked as "CONFIDENTIAL" OR "CONFIDENTIAL -ATTORNEYS' EYES ONLY") shall be treated by all parties as provisionally protected as "CONFIDENTIAL-ATTORNEYS1 EYES ONLY" far a period of fourteen (14) calendar days following receipt of die official transcript(s). Within the fourteen (14)-day period, any party may designate particular portions of a transcript as "CONFIDENTIAL" or "CONFIDENTIAL -ATTORNEYS' EYES ONLY'1 information by giving written notice of such designation to every other party to the Litigation, After the expiration of the fourteen (l4)-day period, only the specific page(s) and line number(s) and exhibits designated as being "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY", if any, shall be treated as such.

         5. Use of and Access to Protected Information.

         a. CONFIDENTIAL - ATTORNEYS' EYES ONLY: Except as set forth herein or in any subsequent order of the Court or by express written consent of counsel of record, no documents, things, or information designated as "CONFIDENTIAL - ATTORNEYS' EYES ONLY" shall be, directly or indirectly, delivered, exhibited, or disclosed to persons other than:

i. The Court, or any Court personnel;
ii. Court Reporters employed in connection with the Litigation;
iii. Outside Counsel for Harsco Corporation and Eugene Zenner and their firm attorneys, paralegals, law clerks, and clerical staff, and in-house Litigation Counsel and Assistant General Counsel for Flarsco Corporation and Division Counsel for Harsco ...

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.