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J&M Industries, Inc. v. Raven Industries, Inc.

United States District Court, D. Kansas

July 18, 2017

J&M INDUSTRIES, INC., Plaintiff,
v.
RAVEN INDUSTRIES, INC. Defendant.

          ORDER ON MOTIONS FOR PROTECTIVE ORDERS

          HON. KENNETH G. GALE U.S. MAGISTRATE JUDGE.

         Now before the Court are the parties motions for a Protective Order (Docs. 30, 32). Having reviewed the submissions of the parties, Plaintiff's motion (Doc. 30) is GRANTED in part and DENIED in part. Defendant's motion (Doc. 32) is DENIED.

         FACTS

         This is a patent infringement case brought pursuant to 35 U.S.C. § 271, et seq. The parties are competitors in the grain storage cover industry. The parties, as competitors, agree that there is a need for discovery in this case to be governed by a Protective Order, but disagree as to certain particulars. Each issue with be analyzed in turn.

         ANALYSIS

         I. Protective Orders.

         Federal Rule of Civil Procedure 26(c) governs Protective Orders and provides, in relevant part:

A party or any person from whom discovery is sought may move for a protective order in the court where the action is pending.... The motion must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action. The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:
(A) forbidding the disclosure or discovery;
(B) specifying terms, including time and place, for the disclosure or discovery;
* * *
(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;
(E) designating the persons who may be present while the discovery is conducted;
* * *
(G) requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way; . . . .

Fed.R.Civ.P. 26(c)(1). Thus, the party seeking the Protective Order has the burden of showing good cause for ...


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