Free Protective Order - District Court of Arizona - Arizona

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7 IN THE UNITED STATES DISTRICT COURT
8 FOR THE DISTRICT OF ARIZONA
9 BILTMORE ASSOCIATES as the E
Trustee for the Visitalk Creditors’ NO. CVO2-2405—PI—IX—I—lRH i
10 Trust,
N Plaintifi . PROTECTIVE ORDER
12 v_ .
I3 PETER THIMMESCH, et al., ,
14 Defendants.
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17 Upon stipulation of the parties and good cause appearing,
18 IT IS HEREBY ORDERED that the parties shall abide by the following
19 procedures with regard to disclosure and production of coniidential information:
20 l. Ernst & Young may designate as confidential any of the documents or
21 any portion of the documents which Ernst & Young reasonably believes constitutes
22 or contains confidential development, financial, proprietary, trade secret, personal, or
23 financial information of Ernst & Young, and which is not otherwise available to the
24 public ("Coniidential Infor1nation").
25 2. All Confidential Information shall be used only for the purpose of
p 26 preparation, prosecution, mediation or trial ofthe above—captioned matter e
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$8 and no other purpose. Nothing contained in this
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1 hall limit or prevent disclosure or use of any Confidential Infomation by in
2 Ernst & Young or shall modify the rights and limitations on the rights of Plaintiff and A;
3 Ernst & Young as provided in any enforceable agreements between those parties.
4 3. No Confidential Infomation shall be given, shown, made available,
5 discussed, or otherwise communicated in any way to anyone other than:
6 a. The District Court of Arizona, court personnel, and stenographic
7 reporters engaged in proceedings incident to the Action, including mediators;
8 b. Designated representatives of the parties to the litigation who
_ 9 have a need to review the Confidential Infomation in connection with the Action;
10 c. The attorneys of record for the parties to the Action, and their i
11 associated attorneys, and members and/or employees of their firms, if any, who are i
12 perfoming legal services in connection with the Action; *
13 d. Independent experts retained by the parties attorneys of record
14 for the purpose of assisting in the preparation and hering of this Action, so long as
15 the expert agrees in writing to be bound by the tems of the Protective Order.
16 4. A recipient of any Confidential Infomation that is produced or l
, 17 disclosed pursuant to this Stipulation and corresponding Protective Order shall
18 maintain such Confidential Information in a secure and safe area, and the recipient A
19 shall exercise the same standard of due and proper care with respect to the storage,
20 custody, and use of all such Confidential Infomation as is exercised by the recipient
21 with respect to its own Confidential Infomation.
22 5. If any party determines that it is reasonably necessaryin connection i
23 with the Action to disclose Confidential Infomation in papers to be filed with the A
24 Court, such party shall file the papers in sealed envelopes stating: i`
A 25 a. The word "Confidential;" _
26 b. The caption of the Action;
ase 2:O2;cv-O2405—HFlH Document 2522 Filed O8/O2/2005 Page 2 of 3

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I c. An indication of the nature of the contents ofthe sealed l
2 envelope, including the document numbers attached to such papers or the dcpone11t’s
3 ame and deposition page numbers; and I
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6 d. A statement in the following form: g
7 This envelolpe is sealed pursuant to_ court order and contains Q
conEdent1a information filed 1n this case by [name of ,
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9 counsel, court personnel or by court order.
10 6. At the conclusion of the Action, all copies of all Confidential
11 Information produced by Emst & Young shall be returned to Ernst & Young within
12 5 da after the conclusion ofthe judicial proceedings. The obligations of this I
13 ll survive the termination of this Action and continue to bind the
14 parties and any persons given access to such Confidential Information. i
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rv DATED: 2 A
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20 Honorable . Russe Holl d
21 United States District Court Judge 4
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ase 2:O2—cv-02405-HRH Document 2523 Filed O8/O2/2005 Page 3 of 3

Case 2:02-cv-02405-HRH

Document 252

Filed 08/02/2005

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Case 2:02-cv-02405-HRH

Document 252

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Case 2:02-cv-02405-HRH

Document 252

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