THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

Global Cooling, Inc., : Case No. 2:11-cv-1083 

 Plaintiff, : 

-vs- : District Judge: George C. Smith 

 : 

E.C. Sagittar BV, et al., : Magistrate Judge: Mark Abel 

 Defendants. : 

AGREED PROTECTIVE ORDER

 The parties to this action hereby stipulate through their respective counsel to the 

following Agreed Protective Order: 

1. Confidential Information. Certain documents and other materials subject to 

discovery during the course of this litigation may be designated “CONFIDENTIAL” or 

“HIGHLY CONFIDENTIAL” and thereby made subject to the provisions of this Agreed Order 

when produced by a party to this case. All materials so marked shall remain confidential both 

during and after the disposition of this case and shall be used solely for the purpose of this case 

and any appeal. 

2. Description of Confidential Information. The parties agree that documents and 

information designated CONFIDENTIAL may include, but are not limited to, the following 

types of information that are in the possession of the requesting party: intellectual property, trade 

secrets, know-how, confidential commercial information, technical specifications, drawings, 

prototypes, confidential financial information, marketing strategy information, customer 

information and any other information maintained in confidence by the designating party and not 

disclosed to or generally known by the public. 

3. Description of Highly Confidential Information. The parties agree that 

documents and information designated HIGHLY CONFIDENTIAL may include, but are not 

limited to, the following types of information that are not in the possession of the requesting 

party: intellectual property, trade secrets, know-how, confidential commercial information, 

technical specifications, drawings, prototypes, confidential financial information, marketing 

strategy information, customer information and any other information maintained in confidence 

by the designating party and not disclosed to or generally known by the public. 

This designation is reserved for highly sensitive information, the disclosure of which has 

a high potential for causing damage to the designating party or for providing a competitive 

advantage to the receiving party. 

4. Disclosure of CONFIDENTIAL Information. CONFIDENTIAL -- Disclosure 

Only to Parties, Their Counsel and Witnesses. Documents and information designated 

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CONFIDENTIAL (including all copies thereof) shall be disclosed to, and utilized by, only the 

following persons: 

(i) employees of the receiving party who are required in good faith to provide assistance 

in the conduct of the litigation; 

(ii) the parties’ inside counsel, outside counsel and counsel’s partners, associates, 

associated counsel, paralegals, and secretarial, clerical personnel, persons requested to 

furnish photocopying, coding, scanning, mock trial, jury profiling, and creation of 

databases; 

(iii) persons who prepared or assisted in the preparation of such documents or 

information or to whom the documents or information were addressed or delivered; 

(iv) actual or prospective expert witnesses interviewed or retained by counsel for a party 

to help prepare for and/or testify at trial of this action; and 

(v) the Court or arbitrator. Any CONFIDENTIAL documents or information filed with 

the Court shall be filed under seal as provided in Section 8 and subject to further order of 

the Court. 

5. Disclosure of HIGHLY CONFIDENTIAL Information. Documents and 

information designated HIGHLY CONFIDENTIAL (including all copies thereof) shall be 

disclosed to, and utilized by, only the following persons: 

(i) the parties’ outside counsel and counsel’s partners, associates, associated counsel, 

paralegals, and secretarial, clerical personnel, persons requested to furnish photocopying, 

coding, scanning, mock trial, jury profiling, and creation of databases; 

 (ii) actual or prospective expert witnesses interviewed or retained by counsel for a party 

to help prepare for and/or testify at trial of this action; and 

(iii) the Court or mediator. Any HIGHLY CONFIDENTIAL documents or information 

filed with the Court shall be filed under seal as provided in Section 8 and subject to 

further order of the Court. 

6. Disclosure to Others Requires Consent. If counsel for any party shall believe it 

necessary, for the purpose of this litigation only, to disclose materials designated as 

CONFIDENTIAL or HIGHLY CONFIDENTIAL by the other party to any person other than 

those designated in paragraphs 4 and 5, counsel shall not do so without first obtaining written 

permission from counsel for the party that designated the materials. 

7. Precondition to Disclosure. Before making disclosure to any of the persons 

designated in paragraphs 4 or 5, the disclosing party’s counsel shall first inform such person of 

the terms of this Order. Before making disclosure to any of the such persons, the disclosing 

party’s counsel shall obtain the written agreement of such person that he/she is bound by the 

terms of this Agreed Order. 

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The requirement of obtaining such written agreement shall be satisfied by signing the 

acknowledgment attached hereto as Exhibit 1. 

The requirement of obtaining such written acknowledgement is satisfied with respect to 

outside counsel’s partners, associates, associated counsel, paralegals, and secretarial and clerical 

personnel by counsel’s execution of this Agreed Order. Counsel obtaining such agreements shall 

retain them and make them available to counsel for the other party upon request. 

8. Filing Under Seal. A party who desires to file any material under seal shall first 

seek leave of the Court and may designate in general terms the nature of the material and the 

reason why such sealing is required, and shall provide an actual copy of such material to the 

other party at the time such leave is requested. All such material shall be subject to the 

requirements of this Order. 

9. Use of Confidential Information. All persons to whom CONFIDENTIAL or 

HIGHLY CONFIDENTIAL documents or information are disclosed pursuant to this Agreed 

Order shall: 

(a) not permit such documents or information to leave his or her personal custody or 

control, except at the request of counsel; 

(b) not reveal such documents or information to any person not already subject to the 

terms of this Agreed Order; 

(c) not reveal or use such documents or information except for the purpose of 

assisting counsel to prepare this litigation for trial and appeal; and 

(d) return promptly to counsel all copies of such documents or information entrusted 

to him or her when no longer required for that purpose. 

10. Resolution of Designation Disputes. The party asserting confidentiality shall, in 

the first instance, determine whether any document or information constitutes or contains 

CONFIDENTIAL or HIGHLY CONFIDENTIAL information, and that party may designate 

appropriate documents, interrogatory answers, admission, deposition transcripts, transcripts of 

proceedings, or other information contained in motions, declarations, affidavits, briefs, 

memoranda or other materials as CONFIDENTIAL or HIGHLY CONFIDENTIAL. Should the 

other party to this proceeding object to such designation, that party may petition the Court to declassify the designated information. The burden of proof shall remain on the party that 

designated the information, except to the extent that the challenging party is asserting the 

challenge based on a claim that it is already in possession of the HIGHLY CONFIDENTIAL 

information. In such case, it shall be the challenging party who is required to show that it is 

already in possession of such information, requiring a change in designation. 

Any documents or information whose designation as CONFIDENTIAL or HIGHLY 

CONFIDENTIAL is disputed shall nevertheless be treated in accordance with its designation and 

subject to protection under this Agreed Order until such time as the Court determines otherwise. 

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To assist the Court in making such determination, the parties agree that no document or 

information is entitled to any protection under this Agreed Order if: it is in the public domain at 

the time of disclosure; becomes part of the public domain with no breach of any obligations to or 

for the benefit of the Producing Party; or is received by the Receiving Party lawfully at a later 

date from a third party without restriction as to disclosure, provided such third party has the right 

to make the disclosure to the receiving party. 

11. Inadvertent Failure to Designate. If, through inadvertence, a producing party 

provides any material containing CONFIDENTIAL or HIGHLY CONFIDENTIAL information 

without designating the material as such, whether by document production or deposition 

testimony, the producing party may subsequently inform the receiving party in writing of the 

confidential status of the material and designate the appropriate level of confidentiality. The 

receiving party shall thereafter treat the disclosed material as confidential, in accordance with the 

written notification of the inadvertent disclosure. The receiving party shall take reasonable steps 

to advise persons to whom disclosure was made prior to receipt of a confidentiality designation 

of such designation and of this Order, but shall not otherwise be required to retrieve or take any 

action to protect the confidentiality of information or copies of documents disclosed prior to the 

receipt of the protected designation. Any documents for which a claim of attorney-client 

privilege or work product protection is asserted that are inadvertently disclosed shall 

immediately be returned by the receiving party, and the receiving party shall also destroy any 

copies or summaries of, or notes relating to, any such inadvertently or mistakenly produced 

information. 

12. Protective Order Not Construed as Admission. Nothing in this Agreed 

Protective Order shall be construed to affect in any way the admissibility at trial of any 

documents, testimony or other evidence, nor shall any such designation be construed as an 

admission by the receiving party that such information is a trade secret or confidential 

information. 

13. Provisions of Protective Order Binding After Final Determination. After the 

final determination of this action, the restrictions on communications, use and disclosure 

provided for in the Agreed Protective Order shall continue to be binding upon the parties and all 

other persons who have agreed to be bound by this Agreed Protective Order, except to the extent 

that any documents or information designated CONFIDENTIAL or HIGHLY CONFIDENTIAL 

pursuant to this Agreed Order rightfully become a part of the public domain. 

The Court retains jurisdiction to make such amendments, modifications, and additions to 

this Agreed Protective Order as the Court may from time to time deem appropriate on its own 

motion or that of any party. 

14. Return of Confidential Materials. After the final determination of this action 

and any appeals pertinent to it, counsel for each party shall return all documents and information 

designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL pursuant to this Agreed Order 

(including all copies thereof) to counsel for the party that so designated the documents and 

information. Alternatively, counsel may agree to accept a certification that all CONFIDENTIAL 

or HIGHLY CONFIDENTIAL materials of the party it represents have been destroyed by the 

other party. 

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15. Right to Seek Relief. This Order is without prejudice to the right of a party to 

seek relief from the Court from any provision herein. A party shall not be obligated to challenge 

the propriety of a confidential designation and a failure to do so shall not preclude a subsequent 

challenge of the propriety of such designation. If the parties are unable to resolve any challenge 

of confidentiality by agreement within ten (10) days after receipt of challenge notice by the 

Designating Party, the Receiving Party may at any time thereafter challenge the Confidential 

status of the materials or information in a motion to the Court. 

IT IS SO ORDERED this 21st day of May, 2012. 

 s/Mark R. Abel 

 United States Magistrate Judge 

SO STIPULATED: 

s/ Richard D. Rogovin 

RICHARD D. ROGOVIN (0022002) 

STEVEN LEE SMITH (0012368) 

Attorneys for Plaintiff 

s/ Matthew S. Teetor 

J. STEPHEN TEETOR (0023355) 

MATTHEW S. TEETOR (0087009) 

GREGORY S. TAMKIN 

SCOTT P. SINOR 

Attorneys for Defendants 

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4845-1710-18392 

6

EXHIBIT 1 

THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

Global Cooling, Inc., : Case No. 2:11-cv-1083 

 Plaintiff, : 

-vs- : District Judge: George C. Smith 

 : 

E.C. Sagittar BV, et al., : Magistrate Judge: Mark Abel 

 Defendants. : 

ACKNOWLEDGMENT 

 The undersigned acknowledges that he or she has read the Agreed Protective Order in the 

above-captioned case and agrees to be bound by its terms and that he or she consents to the 

jurisdiction of the United States District Court for the Southern District of Ohio, Eastern 

Division in all matters concerning the Agreed Protective Order and this Acknowledgment. 

____________________________________ 

 (Signature) 

____________________________________ 

 (Printed Name) 

____________________________________ 

 (Date) 

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