Free Protective Order - District Court of Arizona - Arizona

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UNITED STATES DISTRICT COURT
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DISTRICT OF ARIZONA
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BILTMORE ASSOCIATES, as Trustee for the
11 Visitalk Credito1·s’ Trust, Case No. O2-2405-PHX-HRH
12 Plaintiff, STIPULATED PROTECTIVE
v. ORDER _
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14 PETER THIMMESCH and CYNTHIA
THIMMESCH, husband and wife; MICHAEL
O°DONNELL and MARSHA O’DONNELL,
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husband and wife; etal., i
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Defendants.
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19 Upon stipulation of the movants, Biltmore Associates, Trustee of the Visitalk Creditors’
20 Trust (the "Trustee") and Cap Gemini U.S., L.L.C.· ("Cap Ge1nini"), and good cause appearing,
21 IT IS HEREBY ORDERED that the parties shall abide by the following procedures
22 with regard to disclosure and production of confidential information:
23 1. Cap Gemini may designate as confidential any of the documents or any portion of the
24 documents which Cap- Gemini reasonably believes constitutes or contains confidential
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.ee43)&2poyUQ£4O5—HRH Document 253 -1- Filed O8/O2/2005 Page 1 of 3

1 development, financial, proprietary, trade secret, personal, or financial information of Cap
2 Gemini, and which is not otherwise available to the public ("Confidential Information").
3 2. All Confidential Information shall be used only for the purpose of preparation,
4 prosecution, or trial of any action in which the Trustee is a plaintiff or prosecuting a claim on
5 behalf of the Trust (the "Action").
6 3. No Confidential Information shall be given, shown, made available, discussed or
7 otherwise communicated in any way to anyone other than:
8 a. The District Court of Arizona, any other court of competent jurisdiction,
9 court personnel, and stenographic reporters hearing or engaged in proceedings incident to the
10 Action, including mediators; _
ll b. Designated representatives of the parties to litigation who have a need to
12 review the Confidential Information in connection with the Action;
13 c. The attorneys of record for parties to the Action, and their associated
14 attomeys, and members andfor employees of their firms; if any, who are performing legal
15 services in connection with the Action;
1; d. Independent experts retained by parties attomeys of record for the purpose
18 of assisting in the preparation and heating of the Action, so long as the expert agrees in writing
19 to be bound by the tenns of the Protective Order.
20 4. Any recipient of any Confidential Information that is produced or disclosed pursuant to
21 this Protective Order shall maintain such Conidential Information in a secure and safe area, and -
22 the recipient shall exercise the sarne standard of due and proper care with respect to the storage,
23 custody and use of all such Confidential Information as is exercised by the recipient with respect
24 to its own Confidential Information.
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s;a425,§1-2rgvG.Q[34O5-HRH Document 253 .2- Filed-08/O2/2005 Page 2 of 3

1 5. If any party determines that it is reasonably necessary in connection with the Action to
2 disclose Confidential Information in papers to be tiled with any court hearing the Action, such
3 party shall file the papers in sealed envelopes stating:
4 { a. The word "Confidential;"
5 b. The caption of the Action;
6 c. An indication of the nature of the contents of the sealed envelope,
7 including the documents numbers attached to such papers or the deponent’s name and deposition
8 page numbers; and
9 d. A statement in the following form:
10 This envelope is sealed pertaining to court order and contains confidential
1] information filed in this case by [name of disclosing party] and is not to be
opened or the contents displayed or inspected except by the parties to this suit,
12 their counsel, court personnel or by court order.
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14 DATED thiszx day of July, 2005.
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UNITED STATES DISTRJCT JUDGE
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g>e43)&2ncyg9@4O5-HRH Document 253 -3- Filed O8/O2/2005 Page 3 of 3

Case 2:02-cv-02405-HRH

Document 253

Filed 08/02/2005

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Case 2:02-cv-02405-HRH

Document 253

Filed 08/02/2005

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Case 2:02-cv-02405-HRH

Document 253

Filed 08/02/2005

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