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Federal Trade Commission v. Next-Gen, Inc.

United States District Court, W.D. Missouri, Western Division

April 25, 2018

FEDERAL TRADE COMMISSION, et ano., Plaintiffs,
v.
NEXT-GEN, INC., et al., Defendants.

          PROTECTIVE ORDER

          GREG KAYS, CHIEF JUDGE UNITED STATES DISTRICT COURT

         The Parties seek entry of a protective order to govern the discovery and disclosure of certain confidential materials to be produced in this litigation. They agree that certain categories of information should be treated as confidential, protected from disclosure or dissemination outside this litigation, and used only for purposes of prosecuting or defending this action and any appeals. The Parties believe that good cause exists for entry of a protective order that is narrowly tailored to balance the Parties' need to obtain discovery in this action with their interest in protecting confidential information as contemplated by Rule 26.

         For good cause shown, pursuant to Fed.R.Civ.P. 26(c) and upon the stipulation of all parties, the Court grants the Parties' joint motion and enters the following Protective Order:

         DEFINITIONS

         A. “Confidential Material” means material produced or received in pretrial discovery that (a) contains Sensitive Personal Information or (b) has been certified as Confidential Material by an attorney pursuant Paragraph 4 below.

         B. “Sensitive Personal Information” means any (a) Social Security number; (b) sensitive health-related data including medical records; (c) biometric identifier; or (d) any one or more of the following when combined with an individual's name, address, phone number or email address: (i) date of birth, (ii) driver's license or other state identification number, or a foreign equivalent, (iii) military identification number, (iv) passport number, (v) financial institution account number, (vi) credit or debit card number; or (e) other sensitive information relating to an individual entitled to confidential status under applicable law or by order of this Court.

         PROVISIONS FOR TREATMENT OF CONFIDENTIAL MATERIAL

         1. Scope of Protective Order. This Protective Order governs all discovery and filings in this lawsuit. In the event information deemed Confidential under this Protective Order is contained in a filing with the Court, the Party will file a public copy with the Confidential Information redacted from the filing and will file a non-redacted copy under seal if warranted.

         2. All documents and information produced by any party or third party as part of pretrial discovery in this litigation are presumptively public unless it satisfies the conditions set out herein.

         3. Any party to this litigation and any third-party that executes Exhibit 1 to this Order (“Covered Third Party”) shall have the right to designate as “Confidential Material” and subject to this Order any information, document or thing, or portion of any document or thing that contains Confidential Material or Sensitive Personal Information, as are defined above.

         4. An attorney producing documents or information in discovery may designate such as “Confidential Material” if the attorney certifies in good faith that the document or information contains:

a. Sensitive Personal Information;
b. trade secret(s), competitively sensitive technical, marketing, financial, sales or or other confidential research, development, or business information that is not known to be in the public domain and that, if disclosed to unauthorized persons, would cause competitive or other recognized harm; and that good cause exists to overcome the presumption of public access to such document or information; or
c. other material which the producing party otherwise believes in good faith to be entitled to protection ...

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