Chaverri v. Platinum LED Lights LLC

Full title: Scott Chaverri, et al., Plaintiffs, v. Platinum LED Lights LLC, et al.…

Court: United States District Court, District of Arizona

CV-21-01700-PHX-SPL

Date published: Jan 11, 2023

Fact:

On December 6, 2022, the parties filed the pending Joint Motion for Discovery Dispute Resolution (Doc. 69), arising from Defendants’ refusal to produce certain documents absent an agreement to protect their confidentiality. On December 9, 2022, the Court ordered the parties to meet and confer in an effort to propose a protective order, specifically limited to the documents at issue, that would resolve the discovery dispute. On December 30, 2022, the parties filed the pending Joint Motion for Protective Order (Doc. 72), which designates eight documents containing third-party consumer information as Confidential and 129 documents containing trade secrets and propriety information as Attorneys’ Eyes Only. Finding the proposed protective order to be sufficiently narrow and in compliance with Federal Rule of Civil Procedure 26(c), and finding good cause for its entry, IT IS ORDERED that the Joint Motion for Discovery Dispute Resolution (Doc. 69) is denied as moot.

Issue:

FINAL DISPOSITION: 

Within 60 days after the final disposition of this Litigation, each Receiving Party must return all Protected Material to the Producing Party or destroy such material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by category, where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney  work product, and consultant and expert work product, even if such materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain subject to this Order. 

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