Opinion
CIVIL ACTION 01-CV-7308
January 29, 2004
ORDER
AND NOW, this ___ day of January, 2004, upon consideration of the Fourth Motion to Compel of Defendants-Counterclaim Plaintiffs Hill-Rom Manufacturing, Inc., formerly known as Hill-Rom Air Shields, Inc., formerly known as Air-Shields, Inc., Hillenbrand Industries, Inc., Hill-Rom Company, Inc. and Hill-Rom Services, Inc. (collectively, "Hill-Rom") (Dkt. No. 39), and Plaintiffs-Counterclaim Defendants Mextel, Inc. and Vedran Skulic's (collectively, "Mextel") response thereto, IT IS HEREBY ORDERED that said motion GRANTED. Hill-Rom's position is eminently reasonable, in that Hill-Rom has agreed to limit disclosure of the electronic "source code" to its outside counsel and its experts, even though the Protective Order in the instant action is less restrictive. See Hill-Rom's Memorandum in Support of Its Fourth Motion to Compel, Ex. B.
IT IS THEREFORE ORDERED ADJUDGED AND DECREED THAT:
1. Mextel must provide to Hill-Rom's counsel an electronic version of the Mextel source code within ten (10) days from the date of this order.
2. Hill-ROM's outside counsel shall not disclose the source code to anyone other than their staff and Hill-Rom's expert witness(es) and their staff, without prior approval of Mextel. Any excerpts from the source code contained in any papers filed with the Court will be filed under seal.
IT IS FURTHER ORDERED THAT:
3. Mextel's Motion for a Protective Order (Dkt. No. 41), Hill-Rom's Motion for Leave to File Reply Brief in Support of Its Fourth Motion to Compel (Dkt. No. 42), and Mextel's Motion for Leave to File Document Under Seal (Dkt. No. 43) are DENIED AS MOOT.