Free Motion for Protective Order - District Court of Delaware - Delaware


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Date: December 27, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1 :05-cv-00023-JJF Document 77-2 Filed 12/27/2006 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
DOW CHEMICAL CANADA INC. on its own )
behalf and as assignee of THE DOW CHEMICAL )
COMPANY, )
)
Plaintiff, )
)
v. )
)
HRD CORPORATION (d/b/a Marcus Oil & )
Chemical) ) Case No. 05-023 (JIF)
)
Defendant, Counterclaim Plaintiff, )
)
v. )
)
DOW CHEMICAL CANADA INC., on its own )
behalf and as assignee of THE DOW CHEMICAL )
COMPANY, and THE DOW CHEMICAL )
COMPANY, )
)
Cormterclaim Defendants. )
)
)
[PROPOSED] ORDER GRANTING DOW’S MOTION
FOR A PROTECTIVE ORDER REGARDING HRD’S NON-INDEPENDENT
EXPERTS AND APPROVAL PROCEDURE FOR INDEPENDENT EXPERTS
WHEREAS, the Court has considered the entire record in support of Plaintiffs
Dow Chemical Canada Inc. and The Dow Chemical Company’s (collectively, “Dow")
Motion For A Protective Order Regarding I-IRD’s Non-Independent Experts And
Approval Procedure For Independent Experts, it is hereby ordered that the Stipulation
And Order Governing Discovery Materials ("Protective Orcler") is modified as follows:
l. Each Party’s non-independent experts and/or its past, current, and/or
prospective consultants for its business operations are precluded from having access to

Case 1 :05-cv-00023-JJF Document 77-2 Filed 12/27/2006 Page 2 of 3
the other Party’s Highly Confidential discovery material or infomation derived
therefrom.
2. Provision 6(b) ofthe Protective Order is hereby modified to read as
follows:
independent experts or consultants only after being approved following
the procedure set forth in this provision. The Receiving Party first must provide the
following infomation and materials to the Designating Person:
• the identity of the independent expert or consultant, by name and brief
description, including education, present and past employment, and
general areas of expertise;
• all other present and all prior relationships ofthe independent expert or
consultant with the parties;
• a signed confidentiality non-disclosure agreement described in
paragraph 7 ofthe January 2006 Protective Order;
• a CV and a list of consulting activities in the past 4 years, including a
description of all companies for whom the person has consulted.
Within ten (10) business days after receipt of this information, the Designating Person
may object to the disclosure of Highly Confidential discovery material or information to
any of the Receiving Party’s independent experts or consultants by serving written
objections. Service of the objections shall be by email, personal delivery, facsimile or by
certified or registered mail, return/receipt requested, and received within ten business
days after the date ofthe Designating Person’s receipt of the above-identified infomation
for such independent expert or consultant. If no objections are served, the independent
expert or consultant becomes approved only after the tenth day of the Designating
Person’s receipt of the infomation for such independent expert or consultant. If the
Parties cannot agree on proper disclosure of Highly Confidential discovery material or
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Case 1 :05-cv-00023-JJF Document 77-2 Filed 12/27/2006 Page 3 of 3
information to the proposed independent expert or consultant, the Designating Person
shall file and serve a motion for an Order forbidding disclosure to the proposed
independent expert or consultant. No Highly Confidential discovery material or
information shall be disclosed to that independent expert or consultant until the validity
of the objection has been resolved, either by negotiation or by the Court.
3. With respect to all other discovery material matters, the Parties will
continue to operate under the Protective Order and any other prior orders of the Court,
except that with respect to independent experts both Parties will treat Highly Confidential
discovery material and/or information as set forth herein.
DATED:
United States District Court Judge
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