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

Case 1 :07-cv-00117-IVIPT Document 33 Filed 11/27/2007 Page 1 of 3
IN THE DISTRICT COURT OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
TAMMY HURD, :
PlaintiffQ
: C.A. No.: 07-117 MPT
v. :
DELAWARE STATE UNIVERSITY and
DANDESON PAN DA, individually and in :
his official capacity, :
Defendants.
JOINT PROPOSED PROTECTIVE ORDER
Pursuant to Federal Rules of Civil Procedure 26(c) and 37(b), the parties hereby agree
and stipulate that this Joint Proposed Protective Order ("Protective Order") will control the use
and dissemination of certain Confidential Information. This Protective Order consists of the
following terms:
l. Any Confidential Information disclosed pursuant to this agreement shall be
available only to this Court, counsel of record and the members and employees of their firms. At
the conclusion of the litigation, the parties shall promptly destroy or return all Confidential
information provided pursuant to the terms of this Protective Order.
2. The only permitted use of any Confidential information disclosed pursuant to this
Protective Order will be for the litigation of this matter, specifically discovery, trial preparation,
and trial. Counsel shall address the use and disclosure of all Confidential Information produced
or disclosed pursuant to this Protective Order at trial in the Pretrial Order.
3. Confidential information disclosed pursuant to this agreement shall consist of any
information for which there is a good faith basis to believe that the information contains
nonpublic, confidential, proprietary, commercially sensitive, trade secret or other information for
which there is a legitimate privacy interest or which would be otherwise privileged. Said
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Case 1:07-cv-00117-IVIPT Document 33 Filed 11/27/2007 Page 2 of 3
infomation includes, but is not limited to confidential separation and general release between
Dr. Panda and Delaware State University, any file or contents of any file generated by Delaware
State University investigation into any allegations involving Dr. Panda, Dr. Panda’s personnel
file, any information regarding Dr. Panda’s separation from Delaware State University.
4. All Confidential Information disclosed under this Protective Order shall be
stamped with the legend "Confidential Information" and shall note the applicability of this
Protective Order at the time of disclosure. Inadvertent failure to designate materials as
Confidential Information at the time of disclosure may be remedied by supplemental written
notice. If` such notice is given, all Confidential Information so designated shall be fully subject
to this Protective Order from the date such notice is received as if they had been initially
designated as Confidential Information.
5. Any papers containing Confidential Information subject to this Protective Order
which a party chooses to file with the Court shall be filed under seal with a legend that identifies
this Protective Order.
6. Should any inadvertent or unauthorized disclosure occur, counsel hereby agree to
immediately take any and all necessary steps to remedy such unauthorized disclosures. Counsel
shall notify opposing counsel of the inadvertent or unauthorized disclosure along with the steps
taken to remedy same.
7. If any party seeks to designate something as Confidential Information which is
outside of the defined scope of Confidential Information set forth in paragraph 3 above, if the
parties are not first able to reach agreement, the party seeking the designation shall petition the
Cotut to have it declared Confidential.
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Case 1:07-cv-00117-IVIPT Document 33 Filed 11/27/2007 Page 3 of 3
8. Any individual who shall be provided Confidential Information subject to this
Protective Order shall be informed of the applicability of the Order and be bound by the same
confidentiality restrictions contained therein.
Being duly sworn according to law, the parties hereby stipulate, depose, and state that the
information contained herein is true, correct and constitutes the full and total agreement of the
parties in the above-captioned matter.
/s/ Richard R. Wier, Jr.
Richard R. Wier, Jr. (#716)
Two Mill Road - Suite 200
Wilmington, DE 19806
(302)888-3222
Attorney for
Dandeson Panda
/s/ Ronald G. Poliguin /s/ Marc Stephen Casarino
Ronald G. Poliquin, Esq. Marc Stephen Casarino, Esq.
Young, Malmberg & Howard, P.A. Whit & Williams, LLP
30 The Green 824 Market Street- suite 902
Dover, DE 19901 Wilmington, DE 19899-0709
Attorney for Plaintiff Attorney for Defendant
Delaware State University
Dated: November 27, 2007
IT IS SO ORDERED this day of , 2007.
THE HONORABLE MARY PAT THYNGE
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