Opinion
Case Number: 2:02-cv-00010PGC
May 13, 2004
C. RICHARD HENRIKSEN, JR., JAMES E. SEAMAN, AARON W. PLATER, HENRIKSEN HENRIKSEN, P.C., Salt Lake City, Utah, for Defendant Sue Scheff, PURE, Inc. and PURE Foundation, Inc.
Spencer Siebers, for Plaintiff's
STIPULATION AND PROTECTIVE ORDER
The parties hereby stipulate and agree to the entry of a protective order on behalf of the Defendants as follows:
1. The computer files of Jeff Berryman, Sue Scheff and PURE have been provided to Defendants attorneys by NDB Associates. Many of these files reveal details about PURE's marketing, business relationships, enrollment information and intake information. These files contain trade secrets of Sue Scheff and/or PURE, Inc. and additionally contain highly confidential information about the children of individuals who have contacted PURE.
2. Plaintiff's counsel agrees not to provide any of the following information to its clients. Furthermore before providing any files to its clients, Plaintiff's counsel agrees to examine these files and redact the following information:
a. The identity of individuals disclosed in the computer files including names, phone numbers, E-mail addresses, street address, city, state, zip code and any other identifying information, if individuals have previously been identified as witnesses by any party, the identity of these individuals may be disclosed subject to prior protective orders entered by this court.
b. Information about PURE's marketing including information about how individuals found PURE.
3. Plaintiff's counsel agrees that if it encounters privileged documents including but not limited to correspondence between attorneys and clients or drafts of pleadings that have been inadvertently included on the disk that it will immediately delete any such privileged information and notify Defendants counsel.
4. Plaintiff's counsel may not use any of the files produced containing any such confidential or trade secret information unless such files are appropriately filed under seal.