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

Case 1 :05-cv-00023-JJF Document 72-2 Filed 12/22/2006 Page 1 f 4
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 (JJF)
)
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, )
)
Counterclaim Defendants. )
)
)
[PROPOSED] ORDER GRANTING DOW’S MOTION
FOR A PROTECTIVE ORDER REGARDING HRD’S EXPORTING TO I
WHEREAS, the Court has considered the entire record in support of Plaintiff e
Dow Chemical Company’s ("Dow") Motion For A Protective Order Regarding HRD’s
Exporting To Iran, IT IS HEREBY ORDERED THAT:
Counsel for HRD Corporation (d/b/a Marcus Oil & Chemical) ("HRD") will tre t
all information marked Confidential or Highly Confidential by Dow as follows:
1. Dow’s Confidential or Highly Conidential discovery material or
information derived therenom may be disclosed or made available only to the followin
persons:
1
l

Case 1 :05-cv-00023-JJF Document 72-2 Filed 12/22/2006 Page 2 f 4
(a) outside counsel to the undersigned parties who also sign a
confidentiality non-disclosure agreement as further described in paragraph 7 of
the Stipulation and Order Governing Discovery Materials entered on January 19,
2006 ("January 2006 Protective Order”), and the clerical, paralegal and secretari l
and other staff employed by such counsel including outside vendors involved in l
the production, reproduction, organization, filing, coding, cataloging, converting
storing, retrieving and review of discovery material;
(b) independent experts or consultants of HRD who are approved as
further described in paragraph 2 below, and who also sign a confidentiality non-
disclosure agreement as fruther described in paragraph 7 of the January 2006
Protective Order, and the clerical, and/or secretarial and other staff employed by
such expert(s) or consultant(s); such independent expert or consultant shall not
a current or former employee of a party, nor a current or former non-litigation
consultant to a party in the area of hot melt adhesives and must be retained solel
for the purpose of advising and assisting counsel in this litigation and/or give
expert testimony before he or she is approved.
2. Dow’s Confidential or Highly Confidential discovery material or
information may be made available to HRD’s independent experts or consultants only
after following the procedure set forth in this paragraph. HKD iirst must provide the
following information and materials to Dow:
• the identity of the independent expert or consultant, by name and bri f
description, including education, present and past employment, and
general areas of expertise;
• all other present and all prior relationships of the independent expert r
consultant with the parties;
2 i

Case 1 :05-cv-00023-JJF Document 72-2 Filed 12/22/2006 Page 3 f 4
• a signed confidentiality non-disclosure agreement described in
paragraph 7 of the 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, Dow may object to HRD s
disclosure of Confidential or Highly Confidential discovery material or information to
any of HRD’s independent experts or consultants by serving written objections. Servic
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 of Dow’s receipt of the above—identified information for such independent expert o
consultant. If no objections are served, the independent expert or consultant becomes
approved only alter the tenth day of Dow’s receipt of the information for such
independent expert or consultant. If the parties cannot agree on proper disclosure of
Confidential or Highly Confidential discovery material or information to the proposed
independent expert or consultant, Dow shall file and serve a motion for an Order
forbidding disclosure to the proposed independent expert or consultant. On any such
motion, Dow shall have the burden of proof No Confidential or Highly Confidential
discovery material or infonnation shall be disclosed to that independent expert or
consultant until the validity ofthe objection has been resolved, either by negotiation or y
the Court.
3. Any filings with the Court containing Confidential or Highly Confidenti l
discovery material shall be filed under seal in accordance with the Court’s electronic
filing system (the "CM/ECF System") or such other procedures adopted by the Court.
This paragraph shall not prevent a second copy of any such pleading or other document
specifically intended for review by the Court from being hand-delivered to chambers to
3
1

Case 1 :05-cv-00023-JJF Document 72-2 Filed 12/22/2006 Page 4 f 4
assure prompt attention thereto, as long as reasonable safeguards are observed to
maintain the confidentiality of the documents.
4. With respect to all other discovery material matters, the Parties will
continue to operate under the January 2006 Protective Order, except that HRD will treat
Dow’s Confidential or Highly Confidential discovery material and/or information as set
forth herein.
DATED:
United States District Court Judge
4
1
1