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Travelers Property Casualty Company of America v. LG Chem Power, Inc.

United States District Court, D. South Carolina, Greenville Division

December 3, 2019

THE TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, as subrogee of Proterra, Inc., et al. Plaintiffs,
LG CHEM POWER, INC., et al. Defendants


          Donald C. Coggins, Jr., United States District Judge.

         Whereas, the parties to this Consent Confidentiality Order (“parties”), have stipulated that certain discovery material is and should be treated as confidential, and have agreed to the terms of this order; accordingly, it is this 3rd day of December, 2019, ORDERED:

         1. Scope.

         All documents produced in the course of discovery, including by non-parties, all responses to discovery requests and all deposition testimony and deposition exhibits and any other materials which may be subject to discovery (hereinafter collectively “documents”) shall be subject to this Order concerning confidential information as set forth below.

         2. Definitions.

         a. Protected Information.

         The term “Protected Information” shall include all information that the designating party believes constitutes, discloses or relates to confidential or proprietary business information, including but not limited to (i) technical or design specifications and analyses; (ii) information related to or reflecting product testing; (iii) competitively sensitive strategic information, such as financial records, sales or shipment projections, or forward-looking business plans; or (iv) any other proprietary data or information of commercial value, such as trade secrets. All documents that contain, reflect, suggest or otherwise disclose Protected Information shall also be deemed Protected Information.

         b. Producing Party.

         The term “Producing Party” shall refer to any person that produces documents or other materials in discovery in this case, including non-parties.

         c. In-House Counsel.

         The term “In-House Counsel” shall refer to attorneys who are employed by a party or a party's subrogor and who have no responsibilities relating to procurement, product design, or sales.

         3. Confidentiality Designations.

         A Producing Party may designate Protected Information as either “Confidential” or “Highly Confidential, ” in accordance with the terms of this Paragraph.

         a. “Confidential” Designations.

         All Protected Information may be designated as “Confidential”.

         b. “Highly Confidential” Designations.

         All Protected Information that might be of significant value to an actual or potential competitor of the Producing Party and the disclosure of which could reasonably place the Producing Party at a competitive disadvantage may be designated as “Highly Confidential”.

         4. Form and Timing of Confidentiality Designations.

         a. Documents.

         Confidential documents shall be so designated by placing or affixing the words “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” on the document in a manner which will not interfere with the legibility of the document and which will permit complete removal of the designation. Documents shall be designated CONFIDENTIAL or “HIGHLY CONFIDENTIAL” prior to, or contemporaneously with, the production or disclosure of the documents. If an entire multi-page document is to be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL, ” each page of such document shall be marked. Inadvertent or unintentional production of documents without prior designation as Confidential or Highly Confidential shall not be deemed a waiver, in whole or in part, of the right to designate documents as such as otherwise allowed by this Order.

         b. Other Materials.

         Any Protected Information that cannot be marked on its face shall be designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” by placing the appropriate legend on a container or package in which the Protected Information is produced or on a tag attached thereto. Any Protected Information not reduced to documentary or physical form or that cannot be conveniently labeled shall be so designated by serving a written notification on the receiving party.

         c. Depositions.

         In the case of depositions and the information contained in depositions (including exhibits), designation of the whole transcript or portions of the transcript (including exhibits) that contain Protected Information shall be made by letter from counsel within thirty (30) days of receipt of the deposition transcript, which identifies the designated testimony by page and line number. If the testimony discloses the contents of material that a non-party designated as Protected Information, the person taking the deposition must consult that non-party to determine whether the affected portions of the testimony should be designated as Protected Information. The entire deposition transcript (including exhibits) shall be treated as “HIGHLY CONFIDENTIAL” under this Confidentiality Order until the expiration of the above-referenced thirty-day period for designation by letter, except that the deponent may review the transcript of his or her own deposition during this thirty-day period. The parties may also agree to extend the time period for providing such designations. Further, the notation, “Contains information designated [select one of “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” as appropriate]” shall be placed on the front of the deposition transcript, and, if the deposition is videotaped, on the DVD or other item with the video file; however, the designation will only apply to those specific portions of the deposition that the party designates as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” Designated parts are not to be used, copied, or disclosed except as authorized by this Order. Counsel retaining court reporters or videographers shall have the responsibility for ensuring their compliance with this paragraph. The parties agree that this provision does not limit: (1) attendance by In-House counsel at any deposition of a current or former employee of the In-House counsel's employer; and (2) attendance of any other person at a deposition, if agreed to by the parties in writing, in advance.

         5. Protection of Protected Information

         a. General Protections.

         Protected Information shall not be used or disclosed for any purposes whatsoever other than preparing for and conducting the litigation in which the documents were disclosed (including any appeal ...

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