UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIR E

William Vinci,

Plaintiff,

V .

American Suzuki Motor Corp . ,

Defendant.

Case No . : 1 :05-cv-21 2

PROTECTIVE ORDE R

Plaintiff, William Vinci, and Defendant, American Suzuki Motor Corp .

("ASMC"), hereby request that the Court enter this Agreed Protective Order to

govern the production of materials containing confidential information and/or

trade secrets . For good cause shown, the Court grants the parties' request and

enters the following Protective Order :

1 . Designation Of Confidential Information Or Materials.

A . In order to avoid invasions of individual privacy and to protect

proprietary information, confidential business and financial

information and trade secrets, any documents produced in

discovery in this action and any deposition testimony or portions

thereof may be designated as "Confidential" (hereafter "Confidential

Material") by counsel for either party (the "Designating Person") .

B . The Designating Person must believe in good faith that the

Confidential Material contains personal or confidential material

which is unavailable to the public and not readily available from

other sources and is treated by the Designating Person as

confidential and not disclosed to others , the disclosures of which

could result in detriment to the Designating Person if the

information was disclosed .

C . If a party believes the Designating Person has improperly

designated "Confidential Material," it may file a motion with the

Court to remove such designation . Before filing such a motion, the

party shall attempt to resolve the dispute regarding the designation

with the Designating Person .

Case 1:05-cv-00212-JD Document 8 Filed 11/14/05 Page 1 of 8
2. Designating Documents Confidential .

A . Designation of documents as Confidential Material shall be made

by placing the word "CONFIDENTIAL" on the document .

B . Permitting inspection of a document before it is marked

"CONFIDENTIAL" does not waive the right to designate the

document as "Confidential ." Any party may designate as

"Confidential" a document previously provided in discovery .

C . When a party wishes to designate as "Confidential" a document

produced by another party, such designation shall be made by

notifying the other party in writing within thirty (30 ) days from the

date that the Designating Person receives the document that has

been produced .

3. Designating Deposition Testimony "Confidential . "

A . Deposition transcripts or portions thereof may be designated as

"Confidential" by verbally advising the court reporter on the record

or by notifying the court reporter and parties in writing within five (5)

business days following the deposition, in which case the transcript

of the designated testimony shall be bound in a separate volume

and marked "Confidential" by the reporter or the confidential portion

of a transcript shall be conspicuously marked .

B . By designating testimony as "Confidential" at a deposition, a party

may exclude from the deposition all persons other than those to

whom the "Confidential Material" may be disclosed unde r

paragraph 5 of this Protective Order.

C . Deposition and transcripts or portions thereof of said depositions,

that have been conducted prior to the entering of this Protective

Order may be designated as "Confidential," within 30 days of the

entry of this Protective Order, in writing to the other party . Such

designation shall have the same force and effect as if made under

paragraph 3 of this Protective Order. Until the expiration of the 30-

day period of this paragraph 3C, the entire deposition will be

treated as subject to protection as Confidential under this Order .

4. Use Beyond This Litigation . Confidential Material shall not be

used or disclosed for any purpose other than the litigation of this action including

Alternative Dispute Resolution if appropriate and if the Mediator signs the form

attached hereto as Exhibit A . In the event plaintiff or plaintiff's counsel (Wiggin &

Nourie or successor counsel in the above captioned case) wants to use the

Case 1:05-cv-00212-JD Document 8 Filed 11/14/05 Page 2 of 8
Confidential Material for related litigation solely between the same parties (the

"Related Litigation"), they shall first notify counsel for ASMC in writing at least

thirty (30) days prior to such proposed use and seek consent . In providing such

notice, they shall inform ASMC's counsel of the claims in the Related Litigation,

the purposes for which they need to use the Confidential Materials in connection

with the Related Litigation and shall explain why the Confidential Materials are

relevant to the Related Litigation . If ASMC's counsel does not consent to that

use, ASMC's counsel may then apply to the federal court in the above captioned

case for a determination of whether the plaintiff or his counsel in the above

captioned case may use the Confidential Materials for the Related Litigation and

if so, on what terms . If ASMC's counsel does not file a motion with the Court for

such determination within the thirty-day period, then ASMC shall be deemed to

have consented to use by plaintiff and his counsel (in the above captioned case)

in the Related Litigation . While any such timely filed motion by ASMC's counsel

is pending with the Court for a determination, plaintiff and his counsel may not

make any use of the Confidential Materials in the Related Litigation . In the event

that the Court authorizes such use (or counsel for ASCM consents or is deemed

to have consented to such use), the Confidential Materials and any use of them

shall remain subject to this Confidentiality Agreement /Order unless and until it is

replaced by a Confidentiality Agreement/Order in such Related Litigation as the

parties and the Court may agree . As an alternative procedure to seek

authorization to use the Confidential Materials in the Related Litigation, plaintiff or

his counsel in the above captioned litigation may ask the tribunal in the Related

Litigation for permission to use the Confidential Material in that Related Litigation

provided, however, that plaintiff or his counsel in the above captioned litigation

shall first give the written notice to ASMC's counsel as specified above and

advise of the intent to seek approval in the Related Litigation so that ASMC's

counsel is freed of the obligation to seek a determination from the Federal District

Court in the above captioned litigation .

5. Disclosure Prohibited Other Than That Specifically Provided

Herein . Confidential Material may be disclosed only to the following persons in

the following manner:

A . The Court. Confidential Material may be disclosed to the Court in

camera or filed with the Clerk of Court, an agreed upon mediator or

other tribunal, under seal as set forth in paragraph 6 below .

B . Counsel . Confidential Material maybe disclosed to the following

counsel : attorneys practicing with the firms of Wiggin & Nourie and

Ransmeier & Spellman . Those attorneys may also disclose the

information to their paralegals and secretaries and shall, prior to

disclosing the information, make those individuals familiar with the

provisions of this Protective Order . This agreement/confidentiality

order shall apply to any successor counsel in the above captioned

case for either party ; however, any successor counsel shall first be

Case 1:05-cv-00212-JD Document 8 Filed 11/14/05 Page 3 of 8
required to sign this agreement before that successor counsel may

have access to any Confidential Materials . Any references in this

agreement/order to Wiggin & Nourie or Ransmeier & Spellman shall be

deemed to apply equally to any successor counsel in place of either

firm .

C . Plaintiff and Employees/Agents of Defendant . They shall execute

an Agreement and Acknowledgment in the form attached hereto as

Exhibit A prior to disclosure .

D . Court Reporters/Copy Services . Confidential Material may be

disclosed to court reporters engaged for depositions provided that any

such court reporter shall be informed of the terms of this Protective

Order prior to disclosure and executes an Agreement and

Acknowledgment in the form attached hereto as Exhibit A prior to

disclosure .

E . Consultants or Experts . Confidential Material may be disclosed to

consultants or experts (hereinafter referred to collectively as "Experts")

who have certified in writing by signing a copy of the Agreement and

Acknowledgment attached as Exhibit A .

F . Disclosure by the Designating Party. A Designating Party may

disclose its own Confidential Material to any person without requiring

the person to sign an Agreement and Acknowledgment .

G . Other Persons Authorized By The Court. After notice to all parties

and a hearing, Confidential Material may be disclosed upon a showing

of good cause to other persons authorized by the Court . Persons

authorized by the Court to receive Confidential Material shall be

informed of the terms of this Protective Order and shall be required to

sign a copy of the Agreement and Acknowledgment attached hereto as

Exhibit A.

H . Copies . Copies and extracts of Confidential Material may be made by

or for the foregoing persons, provided that all copies and extracts are

appropriately marked "Confidential ." All copies and extracts are subject

to all Paragraphs of this Order .

1 . Custody of Confidential Materials and Executed Agreements and

Acknowledgments.

(a) All Confidential Material and copies or extracts thereof shall be

maintained in the custody of counsel of record, or other persons

permitted under this order to review Confidential Material, in a

manner that limits access to qualified persons .

Case 1:05-cv-00212-JD Document 8 Filed 11/14/05 Page 4 of 8
(b) Complete sets of executed Agreements and Acknowledgments

shall be kept by counsel and shall be produced to counsel for the

opposing party promptly upon request to the extent that counsel for

the opposing party has a good faith belief that a person may have

disclosed confidential information and not for the purpose of this

litigation .

(c) Counsel for all parties shall maintain the originals of all Agreements

and Acknowledgments executed by any persons pursuant to this

Protective Order for a period of five (5) years following the

conclusion of this litigation by entry of judgment or otherwise or

may, in discharge of this obligation, provide the opposing party with

all of the original Agreements and Acknowledgments in his

possession at the conclusion of the litigation .

6. Filing Confidential Material . If any portion of a submission to the

Court contains Confidential Material, the portion containing the Confidential

Material shall be filed under seal in accordance with AP 3 .3(b) and Local Rule

83 .11 . Unless otherwise ordered by the Court, appropriate steps shall be taken

to preserve the confidentiality of Confidential Material during the trial of this

action and at any hearing or other proceedings at which Confidential Material

may be referred to or disclosed .

7. Subpoenas. Any person in possession of Confidential Material who

receives a request or a subpoena or other process for Confidential Material from

any non party to this action shall promptly give notice by telephone and written

notice by overnight delivery and/or tele-copier to counsel for the Designating

Person, enclosing a copy of the request, subpoena or other process . Counsel for

the Designating Person shall either consent to the production pursuant to the

subpoena or other process or take action to seek a protective order, to quash the

subpoena (or other process) or seek other protective relief . While such motion to

quash or for protective order or for other relief is pending, the person to whom

the subpoena (or other process) is directed shall not produce the documents in

response to the subpoena or other process . In the event that there is no

subpoena or other mandatory process but only a "request," then the person to

whom the request is made shall not produce the Confidential Materials and,

instead, shall refer the person making the request to the counsel for the

Designating Person .

Case 1:05-cv-00212-JD Document 8 Filed 11/14/05 Page 5 of 8
8. No Prejudice.

A . Nothing in this order shall preclude any party from seeking and

obtaining additional or different protection with respect to material

that it believes is confidential .

B . Nothing herein shall diminish or waive the attorney client privilege,

the attorney work product privilege or other applicable protection

under law from discovery, or objection to admissibility at a trial or

other proceeding in the above-encaptioned litigation .

C . The inadvertent or accidental disclosure of Confidential Material

shall not be deemed a waiver in whole or in part of a claim of

confidentiality or a claim of privilege or other applicable protection

from discovery, either as to the specific document(s) or information

inadvertently disclosed or as to other documents or information

relating thereto or of the same or related subject matter . Any

inadvertently or accidentally disclosed document or information that

is subject to a prior or subsequent claim of confidentiality, privilege,

work product, or other protection, shall be returned immediately to

the appropriate party.

9. Filing of Confidential Material at Trial . Subject to the Federal

Rules of Evidence, the Federal Rules of Civil Procedure and such additional

protections as the Court may by order impose, protected documents and other

protected material may be offered in evidence at trial or other proceeding in the

above captioned litigation . Any party or person may move the Court for an order

that the evidence be received in camera or under other conditions to prevent

unnecessary disclosure .

10 . Other Provisions.

A . The restrictions imposed by this Protective Order may be modified

or terminated only by written stipulation of the parties or by order of

the Court. This Protective Order shall survive termination of this

action .

B . Within ninety (90) days of final conclusion of this action, whether by

settlement or at the end of trial and/or any appeals, counsel shall

either collect and return the Confidential Materials to counsel for the

other, or have the persons in possession of the Confidential

Materials certify under oath the destruction of, all Confidential

Materials and copies or abstracts thereof produced by or

designated as Confidential Material by any party .

Case 1:05-cv-00212-JD Document 8 Filed 11/14/05 Page 6 of 8
Respectfully submi tted,

American Suzuki Motor Corp .

By Its Attorneys,

RANSMEIER & SPELLMAN

Dated : 11-10- 2005 By : Is1 Garry R . Lan e

R. MATTHEW CAIRNS (#411)

GARRY R. LANE (2855)

One Capitol Street,

P .O . Box 600

Concord , NH 03302-0600

Tel . (603) 228-0477

matt(abranspell .com

garry@ranspell .co m

Respectfully submi tted,

William Vinci

By His Attorneys,

WIGGIN & NOURI E

Dated : 11-10-2005 By: Isl Thomas Pappas

Thomas Pappas (#4111)

P .O . Box 808

Manchester, NH 03105-0808

Tel . (603) 669-2211

tpappas(&wiggin-nourie .com

SO ORDERED :///

Judge:

Dated :

Case 1:05-cv-00212-JD Document 8 Filed 11/14/05 Page 7 of 8
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIR E

William Vinci,

Plaintiff ,

V .

American Suzuki Motor Corp . ,

Defendant.

Case No . : 1 :05-cv-21 2

AGREEMENT AND ACKNOWLEDGMEN T

I, , acknowledge that I have received a copy of the

Protective Order in this action and have read its provisions carefully . I will

comply with all of the provisions of the Protective Order. I will hold in confidence,

will not disclose to anyone other than those persons specifically authorized by

the Protective Order, and will not copy or use, except for purposes of this action,

any information designated "CONFIDENTIAL" which I receive in this action . I

agree to return or destroy all such information in accordance with paragraphs

10(B) of the Protective Order after the conclusion of this action .

Executed this day of 200

I declare under penalty of perjury that the foregoing is true and correct .

Signature

Print:

Name :

Address :

Phone:

Case 1:05-cv-00212-JD Document 8 Filed 11/14/05 Page 8 of 8