Free Stipulation - District Court of Delaware - Delaware

Case 1:07-cv—00005-SLR Document 23 Filed 12/05/2007 Paget 0f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAVID A. SMILEY, )
Plaintiff, g
) C.A. No. l:{)7~005—SLR
v. )
) .
DAIMLER CHRYSLER, ) IURY TRIAL DEMANDED ‘
Defendant. g
l
STIPULATED PROTECTIVE ORDER
Plairititt David Smiley and Detendant Chrysler LLC (lbrmerly known as __ ~
DaimlerChrysler Corporation), stipulate and agree as follows:
IT IS HEREBY ORDERED AS FOLLOWS: .
. i. Each of the parties to this action upon whom or which a discovery request,
including--a subpoena ducestecum, has been or shallibe served by any :-party to this action may
designate as "coniidentiai" any documents, hereafter produced, when such materials refer or
relate to, or would otherwise disclose, infomation of a personal, proprietary or confidential
business nature. No material shall be designated as "contidential” which has not been treated as
confidential by the party making the designation.
2. Any materials designated as "contldential" by a party producing them shall be
conspicuously marked with the following legend:
"CONFIDEN`TIAL" -
3. Material designated “contidential" shall be used by the party receiving the
material solely for the prosecution or defense of this action.

Case 1:07-cv—00005-SLR Document 23 Filed 12/05/2007 Page 2 of 4
4. Material designated as "contidential" shall be held in confidence by the party
requesting the documents and his/her representatives; counsel for that party and professional, `
clerical, secretarial or other support personnel of such counsel; a person not an attorney retained
by that party or counsel to assist in litigation such as accountants and experts, court reporters
retained -.in connection, with_ depositions in this litigation; and witnesses at deposition
(collectively, the "receiving party"); none of whom shall permit disclosure of the documents, I
except for purposes necessary to this litigation, provided, however, that witnesses employed by a
party which produces confidential material shall not by this order be precluded from testifying
‘ about such material in other litigation. The material may also be disclosed to the Court as
necessary, including but not limited to pleadings filed with the Court and at proceedings before
the Court; in those events, however, the confidential materials shall be subject to seal by the ~·
Court, or, if not sealed, shall be returned to the party which originally produced the material
before it becomes a part of a court tile capable of public inspection and/or copying. The
receiving party shall neither grant nor permit any other person to have access to any material
designated as °‘confidential," or inform any other person of the existence of such material or of
pany of the contents thereof withoutthe-prior. approval in writingrof the party producing such
material, or an order of the Court upon written motion with notice to all parties.
5. The inadvertent failure of a party producing material to designate as
y “confidential" any document or other material referred to in Paragraph l shall not constitute, be
i construed as, or have the effect of, a waiver of confidentiality. In addition, the inadvertent
disclosure or production by any party of any document protected by the attorney··client privilege
or the attorney work product doctrine shall not constitute, be construed as, or have the effect of a
waiver of such privilege or protection.


Case 1:07-cv—00005-SLR Document 23 Filed 12/05/2007 Page 3 of 4
6. if any material designated as ‘°c0nfidentiai" or the contents thereof is
inadvertently disclosed to any person not authorized to have access thereto, the party responsible
for the inadvertent disclosure shall notify in writing the party, which produced the inateriai, with Z
a copy of the notices, sent to the Court. Such notice shali be sent three (3) days after the
inadvertent disclosure is discovered, and shall identify hy name, address, telephone number, and
employer, each unauthorized person to whom disclosure was made, the date of such disclosure, I
I n and the surrounding circumstances.
7. Confidential material marked as an exhibit in a deposition or other discovery
docuntent remains confidential, and may not he disclosed by the receiving party except in
accordance with this order.
8. if a party designates portions of a deposition taken in this case to be
"confidential" then the transcript of that portion of the deposition may be used by the opposing
party only for purposes of this lawsuit and such transcript portion, and the information contained
therein, shall he treated by the opposing party as confidential pursuant to this order.
9. Materials designated as "confidential" may be used at trial to the extent they are
adinissibie. A receiving party intending to use material designated by the other party as
"coniidential" at trial shall notify the producing party of that intention prior to trial. Any
concerns regarding the use of such materials at trial shall be raised by the party seeking
protection prior to trial. C
IO. lf a party believes that information designated by another party as "confidential”
should not be treated as confidential pursuant to this Protective Order, that party may contest the
"confidential" designation for such document(s) by providing opposing counsel with written
notice as to the specific irrforrnation being challenged, together with a copy of each document
3

Case 1:07-cv—00005-SLR Document 23. Filed 12/05/2007 Page 4 of 4
containing such information. in the event the parties cannot resolve the disagreement, the
contesting party may move for an order removing the "confidentiai” designation from such
doctunent (s). Any information that is subject to dispute and/or motion as to whether it in fact
contains confidential information shall, until further order ofthe Court, he treated as confidential
in accordance with the provisions of this order.
ll. At the conclusion of this action, inchtding the exhaustion of all appeals, the party
receiving any rnateriais designated as “coniidential" shalt arrmge for the destruction of the A
materials or the return of the materials to the party which produced thern, pursuant to the
producing party’s instruction.
APPROVED AS TO FORM AND CONTENT:
DAVID A. SMILEY POTTER ANDERSON & CORROON LLP
,,.., . .,__,
By; ..,. . ,,~C..,.? .1 By: ·
avid A. _§,mi.1ey.M?ms ....‘.._, ,__,n___“ Je -’ ife imler Brady (#2874)
26 Mackaymllane `’‘‘e’l s ’elle ‘ ···· ·‘ t' ` J nife asson (#4933) .
Newark, DE 19713 Hercutes Plaza, 6 Floor
Tel: (302) 266-8245 1313 N. Market Street
(302) 345-3395 RO. Box 951
Dasmyle2@ aol.com Wilmington, DE 19899-0951
Tel: (302) 984-6000
Pro Se Plointw Fax: (302) 658-1192
jbrady@,potteranderson.com
Dated: November@, 2007 ;`wassong@potterandersoncom
Attorneys for Dejizrzdczrzl Chrysler LLC
(formerly imowrz os DaimlerChrysler
Corporation) _ _
(gamer . C ‘
Dated: m_`g0O'7
STIPULATION APPROVED AND ORDER ENTERED BY THE COURT, this
day of , 2007.
fudge Sue L. Robinson
828422/31959