Lexington Furniture Industries, Inc. v. The Lexington Company, AB

District Court, S.D. New York·Decided December 12, 2019·No. 1:19-cv-06239·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

LEXINGTON FURNITURE INDUSTRIES, INC. d/b/a LEXINGTON HOME BRANDS., CIVIL ACTION NO. 1:19-cv-6239-PKC Plaintiff,

v. JURY DEMANDED THE LEXINGTON COMPANY, AB d/b/a THE LEXINGTON CLOTHING COMPANY, Defendant. CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER

THIS MATTER is before the Court pursuant Fed. R. Civ. P. 26(c) for entry of an order, with consent and agreement of the parties, governing the disclosure and protection of confidential and proprietary business information that may be sought during discovery in this case. In order to facilitate discovery while preserving and maintaining the confidentiality of certain documents or testimony that may be sought by the Plaintiff or Defendant in this matter (the “Parties”), and in the interests of justice, it is hereby ORDERED by the Court that: 1. This Confidentiality Stipulation and Protective Order (this “Protective Order”) shall govern the use and dissemination of all information, documents, or materials that are produced in this action and designated as “Confidential” or “Highly Confidential Attorney Eyes Only” (collectively, “Confidential Information”). Any Party or non-party may, in good faith, designate as “Confidential” or “Highly Confidential Attorney Eyes Only” any documents, interrogatory answers, responses to requests for admission, deposition transcripts, information or other written, recorded, or graphic material produced or disclosed in this litigation that the producing party considers to be subject to this Protective Order. 2. The term “Confidential”, as used in this Protective Order, shall mean any discovery material that the producing party, in good faith, reasonably believes contains or constitutes (a) information not in the public domain that any party designates as containing

confidential, personal, financial, and/or proprietary information, commercial, budgeting, auditing, and/or accounting information, information about existing and potential customers, internal practices, decisions and/or negotiations, personnel compensation, evaluations and other confidential and proprietary information about affiliates, parents, subsidiaries and third parties with whom a party to this action has had business relationships, and any other information that is reasonably believed by the designating party to be non-public, proprietary and/or confidential or information that the producing party otherwise believes in good faith is entitled to protection under Federal Rules of Civil Procedure, (b) matters that constitute or contain trade secrets pursuant to applicable law, and (c) non-public personal information of third-parties or customers, including information that identifies the personal or financial information for a given person, including

name, address, account number, telephone number, place or position of work, or other identifying information. 3. The term “Highly Confidential Attorney Eyes Only,” as used in this Protective Order, shall mean information not in the public domain that is so proprietary or competitively sensitive that its disclosure to the opposing party may cause competitive injury. Such information may include, but is not limited to, personal, non-public information that identifies or can be used to identify a party's current or former customers (including, but not limited to, individual account information, or mobile device identification numbers), and which is subject to applicable federal and state privacy, data security, and/or consumer protection laws that may require the data owner and/or relevant data custodians to designate as confidential, including but not limited to highly sensitive financial data, company proprietary information and trade secret information. The parties recognize that the type of information which can properly be considered “Highly Confidential Attorney Eyes Only” is therefore limited; accordingly, the parties shall use this designation sparingly.

4. Nothing in this Protective Order shall limit the right of a Party to use documents or information that (a) was lawfully in its possession prior to the initiation of this action; (b) was, is, or becomes public knowledge, not in violation of this Protective Order; (c) is acquired by the non-producing party from a third-party who breached no legal obligation in providing the document(s) to the non-producing party; or (d) becomes declassified under the Protective Order. Confidential Information

5. A Party to this action or other person or entity, including any third party, who produces or supplies information, documents or other materials used in this action (hereinafter, the “Designating Party” or the “Producing Party”) may designate as “Confidential” or “Highly Confidential Attorney Eyes Only” any such information, document or material that it reasonably and in good faith believes constitutes or contains “Confidential” or “Highly Confidential Attorney Eyes Only” material under the terms of this Protective Order. The designation of discovery material as “Confidential” or “Highly Confidential Attorney Eyes Only” for purposes of this Protective Order shall be made by affixing the designation marking “Confidential” on the document or material containing such information, and upon each page so designated, if practicable, a legend that in substance states: “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL ATTORNEY EYES ONLY”. 6. Depositions may be designated “Confidential” or “Highly Confidential Attorney Eyes Only” by indicating that fact on the record at the deposition or by providing written notice to the other Party within thirty (30) days of receipt of the hard copy transcript. If a Designating Party has advised the court reporter that Confidential Information has been disclosed during a deposition, the court reporter shall include on the cover page the following indication:

“DEPOSITION CONTAINS [CONFIDENTIAL INFORMATION / HIGHLY CONFIDENTIAL ATTORNEY EYES ONLY INFORMATION] OF [NAME OF DESIGNATING PARTY] – SUBJECT TO PROTECTIVE ORDER.” Within thirty (30) business days of receipt of the initial deposition transcript, the Designating Party shall advise opposing counsel of the specific pages and lines in which Confidential Information or Highly Confidential Attorney Eyes Only Information appears. If any documents or other information designated as “Confidential” or “Highly Confidential Attorney Eyes Only” are to be discussed or disclosed in a deposition where the attendees include any person, other than a certified court reporter or videographer, who under this Protective Order is required to but has not signed and

refuses to sign Exhibit "A" hereto, the deposition may proceed so long as the “Confidential” or “Highly Confidential Attorney Eyes Only” is not disclosed during the course of the deposition, and the Party claiming confidentiality shall have the right to thereafter adjourn the deposition and seek a further protective order preventing or limiting the disclosure of such “Confidential” or “Highly Confidential Attorney Eyes Only”. 7. Confidential Information disclosed pursuant to or included within this Protective Order shall be used only for purposes of prosecution, defense or settlement of the ACTION. Confidential Information may be used by the attorneys of record permitted access to such information in good faith in conducting discovery, provided that Confidential Information is protected pursuant to the terms and conditions of this Protective Order.

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Lexington Furniture Industries, Inc. v. The Lexington Company, AB, (S.D.N.Y. 2019).

Lexington Furniture Industries, Inc. v. The Lexington Company, AB (Lexington Furniture Industries, Inc. v. The Lexington Company, AB) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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