Opinion
Civil Action No. 11-cv-03143-WJM-KMT
05-09-2013
JTS CHOICE ENTERPRISES, INC. Plaintiff, v. E.I. DU PONT DE NEMOURS AND COMPANY, METRO PAINT SUPPLIES, INC., and AUTOMOTIVE COATINGS & EQUIPMENT, LLC, Defendants.
Theodore W. Rosen Lauren Elizabeth Mosse THEODORE W. ROSEN, P.C. Attorneys for Plaintiff JTS Choice Enterprises, Inc. Neil Arney Meshach Rhoades David Edward Kay Michael Mahoney Frandina KUTAK ROCK LLP Attorneys for Defendant Metro Paint Supplies, Inc. and Automotive Coatings & Equipment, LLC David M. Stauss Katherine Allison White Roger P. Thomasch BALLARD SPAHR LLP Attorneys for Defendant E.I. Du Pont De Nemours and Company
SECOND AMENDMENT TO STIPULATION AND PROTECTIVE ORDER
The Stipulation and Protective Order previously entered in this action (ECF Doc. 90, entered July 16, 2012), as amended (see ECF Doc. 207, entered April 24, 2013) is hereby FURTHER AMENDED with the addition of the following new paragraph 4(e):
(e) Notwithstanding any other provision of this Stipulation and Protective Order, as amended, and notwithstanding any provision of the Protective Order Regarding Confidential NCS Information (Doc. 49, entered March 9, 2012):STIPULATED AND AGREED TO:
(i) Any documents produced pursuant to subpoena directed to National Coatings & Supplies, Inc. by Defendants Metro Paint Supplies, Inc. and/or Automotive Coatings & Equipment, LLC, shall be deemed for all purposes under this Stipulation and Protective Order, as amended, as HIGHLY CONFIDENTIAL.
(ii) Any party who objects to the designation of any such documents as HIGHLY CONFIDENTIAL shall follow the procedural provisions of paragraph 12 of this Stipulation and Protective Order, as amended.
(iii) Defendants Metro Paint Supplies, Inc. and/or Automotive Coatings & Equipment, LLC shall reimburse National Coatings & Supplies, Inc., for the reasonable out-of-pocket costs incurred by National Coatings & Supplies, Inc., in producing the documents pursuant to subpoena. Those Defendants and National Coatings & Supplies, Inc. dispute whether the reasonable attorneys' fees incurred by National Coatings & Supplies, Inc. in such production should be reimbursed by Defendants. Any relief sought from the Court with regard to such incurrence of attorneys' fees shall be addressed, if at all, following production of the documents.
BY THE COURT:
________________________
Kathleen M. Tafoya
United States Magistrate Judge
________________________
Theodore W. Rosen
Lauren Elizabeth Mosse
THEODORE W. ROSEN, P.C.
Attorneys for Plaintiff JTS Choice
Enterprises, Inc.
________________________
Neil Arney
Meshach Rhoades
David Edward Kay
Michael Mahoney Frandina
KUTAK ROCK LLP
Attorneys for Defendant Metro Paint
Supplies, Inc. and Automotive Coatings & Equipment, LLC
________________________
David M. Stauss
Katherine Allison White
Roger P. Thomasch
BALLARD SPAHR LLP
Attorneys for Defendant E.I. Du Pont De
Nemours and Company