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Fendi Adele S.R.L. v. Burlington Coat Factory Warehouse Corp.

December 5, 2006

FENDI ADELE S.R.L., FENDI S.R.L. AND FENDI NORTH AMERICA, INC. PLAINTIFFS,
v.
BURLINGTON COAT FACTORY WAREHOUSE CORPORATION AND COHOES FASHIONS, INC. DEFENDANTS.
BURLINGTON COAT FACTORY WAREHOUSE CORPORATION AND COHOES FASHIONS, INC. DEFENDANTS/THIRD PARTY PLAINTIFFS,
v.
546332 BC LTD., D/B/A/ COLTON INTERNATIONAL, SUMMIT RESOURCE IMPORTS LLC, EURO MODA, INC., MODA OGGI, INC., AND ASHLEY REED TRADING, INC. THIRD-PARTY DEFENDANTS.
FENDI ADELE S.R.L., FENDI S.R.L. AND FENDI NORTH AMERICA, INC. PLAINTIFFS,
v.
ASHLEY REED TRADING, INC., SCOTT RESSLER AND JAMES RESSLER. DEFENDANTS.
FENDI ADELE S.R.L., FENDI S.R.L. AND FENDI NORTH AMERICA, INC. PLAINTIFFS,
v.
FILENE'S BASEMENT, INC., AND RETAIL VENTURES, INC. DEFENDANTS.
FENDI ADELE S.R.L., FENDI S.R.L. AND FENDI NORTH AMERICA, INC. PLAINTIFFS,
v.
BIG M, INC., D/B/A ANNIE SEZ. DEFENDANTS.
FENDI ADELE S.R.L., FENDI S.R.L. AND FENDI NORTH AMERICA, INC. PLAINTIFFS,
v.
WAL-MART STORES, INC., A/K/A "SAM'S CLUB," A/K/A "WAL-MART" DEFENDANTS.
WAL-MART STORES, INC. THIRD PARTY PLAINTIFFS,
v.
MAXINE LLC, CORPRATE IMAGE SOLUTIONS INC., AND SHOWCASE COLLECTIONS, INC. THIRD-PARTY DEFENDANTS.
FENDI ADELE S.R.L., FENDI .S.R.L. AND FENDI NORTH AMERICA, INC. PLAINTIFFS,
v.
546332 BC LTD., D/B/A COLTON INTERNATIONAL AND HOWARD COLTON, DEFENDANTS.



The opinion of the court was delivered by: Michael H. Dolinger, Magistrate Judge

ECF Case Action No. 1, Action No. 2, Action No. 3, Action No. 4, Action No. 5, Action No. 6

To expedite the flow of discovery material, facilitate the prompt resolution of disputes over confidentiality, protect adequately material entitled to be kept confidential, and ensure that protection is afforded only to material so entitled, it is, pursuant to the court's authority under Fed. Ri Civ. P. 26(c), ORDERED:

1. Non-disclosure of Stamped Confidential Documents. Except with the prior written consent of the party or other person originally designating a document to be stamped as a confidential document, or as hereinafter provided under this order, no stamped confidential document may be disclosed to any person.

2. Stamped Confidential Document. A "stamped confidential document" means any document which bears the legend (or which shall otherwise have had the legend recorded upon it in a way that brings its attention to a reasonable examiner) "CONFIDENTIAL" to signify that it contains information believed to be subject to protection under Fed. R. Civ. P. 26(c)(7). For purposes of this order, the term "document" means all written, recorded, or graphic material, whether produced or created by a party or another person, whether produced pursuant to Rule 34, subpoena, by agreement, or otherwise. Interrogatory answers, responses to requests for admission, deposition transcripts and exhibits, pleadings, motions, affidavits, and briefs that quote, summarize, or contain material entitled to protection may be accorded status as a stamped confidential document, but, to the extent feasible, shall be prepared in such a manner that the confidential information is bound separately from that entitled to protection.

3. Permissible Disclosures. Notwithstanding paragraph 1, stamped confidential documents may be disclosed to counsel for the parties in this action who are actively engaged in the conduct of this litigation; to the partners, associates, secretaries, paralegal assistants, employees of such attorneys to the extent reasonably necessary to render professional services in the litigation; to translators; to persons with prior knowledge of the documents or the confidential information contained therein, and their agents; and to the court officials involved in this litigation (including court reporters, persons operating video recording equipment at depositions, and any special master appointed by the court). Subject to the provision of subparagraph (c), such documents may also be disclosed--

(a) to any person designated by the court in the interest of justice, upon such terms as the court may deem proper; and

(b) to persons noticed for depositions or designated as trial witnesses to the extent reasonably necessary in preparing to testify; to the parties and their managers and employees for the purpose of assisting counsel in the Litigation; to outside consultants or experts retained for the purpose of assisting counsel in the litigation; and to employees of third-party contractors performing one or more of these functions; provided, however, that in all such cases the individual to whom disclosure is to be made has signed a form containing--

(i)a recital that the signatory has read and understands this Order;

(ii) a recital that the signatory understands that unauthorized disclosures of the stamped confidential documents constitute contempt of court; and

(iii) a statement that the signatory consents to the exercise of personal jurisdiction by this Court.

(c) Before disclosing a stamped confidential document to any person listed in subparagraph (a) or (b) who is a competitor (or an employee of a competitor) of the party that so designated the document, the party wishing to make such a disclosure shall give at least ten days' advance notice in writing to the counsel who designated such information as confidential, stating the names and address of the persons(s) to whom the disclosure will be made, identifying with particularity the documents to be disclosed, and stating the purposes of such disclosure. For purposes of this subparagraph, the term "competitor" does not comprise any parties to this action. If, within the ten day period, a motion is filed objecting to the proposed disclosure, disclosure is not permissible until the court has denied such motioni This court will deny the motion unless the objecting party shows good cause why the proposed disclosure should not be permitted.

4. Attorneys Eyes Only. Notwithstanding the above, one or more of the parties may designate especially sensitive Confidential Information as being produced for ATTORNEYS EYES ONLY. This designation shall be made as sparingly as possible. Where the marking or designation of documents, testimony, pleadings or things is required under this paragraph, a legend bearing the words "ATTORNEYS EYES ONLY" or its equivalent shall be used in addition to the legend bearing the word "CONFIDENTIAL". Confidential Information which is designated ATTORNEYS EYES ONLY may not be disclosed to any of the individuals identified in paragraph 3 above except as follows:

(a) a Court of the United States, under seal;

(b) counsel of record advising Plaintiffs and Defendants herein (including support staff ...


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