Preview
CAUSE NO. DC-21-18263
ROBYN LANGLEY, § IN THE DISTRICT COURT
Plaintiff, §
§
§
v. § 193RD JUDICIAL DISTRICT
§
NEWCRESTMAGE MANAGEMENT, §
LLC d/b/a AC HOTEL §
DOWNTOWN DALLAS, §
Defendants. § DALLAS COUNTY, TEXAS
PROTECTIVE ORDER
In order to preserve the rights of litigants in these proceedings to claim
confidentiality of certain documents to be produced in this litigation by the parties, the
Court orders as follows:
1. Terms.
a. “Confidential Information” means information that constitutes a trade secret
or reveals confidential research, development, or commercial information.
Confidential Information does not include information that has been
disclosed in the public domain.
b. “Protected Documents” means materials, documents or discovery responses
containing Confidential Information disclosed or produced by any party in
this litigation.
c. “Confidential Material” means any document(s) claimed pursuant to Section
2(a) or (b) of this Order and any Confidential Information claimed to be
contained therein, to the extent allowed by this Order.
2. Designation.
a. A document (or portion of a document) that a party determines in good faith
to be a Protected Document may be claimed as confidential by (1) stamping
the word “CONFIDENTIAL” on the document, or (2) using any other
reasonable method agreed to by the parties. Such stamping shall not obscure
any writings on the documents.
b. A party may, on the record of a deposition or by written notice to opposing
counsel no later than seventy-two (72) hours after receipt of the deposition
transcript, claim any portion(s) of the deposition as “CONFIDENTIAL”
LAW OFFICES OF
BURT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 PRQTECTIVE ORDEB-
Puget
DALLAS. TEXAS 75222—3667
based on a good faith determination that any portions so claimed constitute
a Protected Document. To the extent possible, any portions so claimed shall
be transcribed separately and marked by the court reporter as
“CONFIDENTIAL”.
c. By claiming a document Confidential Material pursuant to Section 2(a) or
2(b), party represents that it has made a bona fide, good faith determination
a
that the document does, in fact, contain Confidential Information.
3. Challenge to Claim.
a. Any party may challenge a claim made under Section 2(a) or 2(b) by written
notice of its objection to counsel for the claiming party or non-party.
Challenge to a claim made under Section 2(b) may be made either upon the
record of the deposition or as provided in the preceding sentence.
b. In the event a claim is challenged, the party requesting confidential treatment
will move for an appropriate ruling from the Court. The material shall be
treated as Confidential Material until the expiration of twenty (20) days if no
motion is made by the party requesting confidential treatment (at which time
the material shall no longer be treated as Confidential Material), or, if a
motion is made, until the Court rules.
c. A party shall not be obligated to challenge the propriety of the designation
of documents as Confidential Materials at the time of designation, and failure
to do so shall not preclude a subsequent challenge to the designation.
4. Use of Confidential Material Limited.
Confidential Material shall be treated as confidential and used (1) by counsel in
this case solely for the litigation of this case Except as set forth in Section 6,
Confidential Material shall not be revealed without the express written consent
of the party claiming same as Confidential Material or upon written order of the
Court.
5. Not Applicable to Trial.
This Order shall not apply to the disclosure of Protected Documents or the
information contained therein at the time of trial, through the receipt of Protected
Documents into evidence or through the testimony of witnesses. The closure of
trial proceedings and sealing of the record of a trial involve considerations not
presently before the Court. These issues may be taken up as a separate matter
upon the motion of any party in compliance with Rule 76a TRCP.
LAw OFFICES 0F
BURT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 [RQTEQTIVE ORDER - Page 2
DALLAS, TEXAS 75222—3667
6. Permitted Disclosures.
Confidential Material may be shown, disseminated, or disclosed only to the
following persons:
a. All attorneys of record for the parties in this case, including members of their
respective law firms, and their employees assisting in the preparation of this
case for trial;
b. Experts and consultants retained by the parties for the preparation or trial of
this case;
c. Translators privately retained by the parties for the preparation or trial of this
case;
d. The Court, its staff, court reporters, deposition Videographers, mediators,
court appointed translators, witnesses, and the jury in this case;
7. Agreement by Recipients.
Before being given access to Confidential Material, each person described in
paragraph 6(b), (c) or (e), shall be advised of the terms of this Order, shall be
given a copy of this Order, and shall sign a copy of Exhibit “A”.
8. Retention of Jurisdiction by Court.
This Court shall retain jurisdiction to make amendments, modifications, and
additions to this Order as the Court may, from time to time, deem appropriate,
as well as to resolve any disputes.
9. Production Not a Waiver.
The Production of Confidential Material pursuant to this Order is not intended
to constitute a waiver of any privilege or right to claim the trade secret or
confidential status of the documents, materials, or information produced.
10. Public Health and Safety.
Nothing in this Order is intended to prevent any party from raising with the Court
any concern that the non-disclosure of certain Confidential Material may have a
possible adverse effect upon the general public health or safety, or the
administration or operation of government or public office.
This Order does not seal Court Records in this case and is only intended to facilitate
the prompt production of discovery materials. Any motion to seal Court Records must
strictly adhere to Rule 76a, TRCP. No determination is being made by the Court at this
time that these documents are confidential or entitled to protection. Such issues are
reserved and will be ruled upon pursuant to this Order and any applicable notice and
hearing provisions. This Order merely provides a framework for the parties to claim such
LAW OFFICES OF
BURT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 :Rmggflvg QRDER—Pagez
DALLAS, TEXAS 75222-3667
materials as confidential to preserve their right to seek protection for these documents as
confidential proprietary information, and to preserve such issues for ruling until each party
may prepare their appropriate arguments on these issues.
SIGNED this the day of , 2022.
Presiding Judge
TO AND ACCEPTED this 7th day of June 2022.
AGREED
g/éW/VN
Y.
Qua/A
Christine Duperroir,
Attorney for Defendant
WWW
Jtule Wolf,
Attorney for Plaintiff
LAW OFFICES OF
BURT BARR & ASSOCIATES, L.L.P.
P.O. BOX 223667 PROTECHVE 0mm - Page 4
DALLAS. TEXAS 75222-3667 649:4 01
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Christine Duperroir on behalf of Christine Duperroir
Bar No. 22162600
cduperroir@bbarr.com
Envelope ID: 65201741
Status as of 6/7/2022 3:15 PM CST
Associated Case Party: ROBYN LANGLEY
Name BarNumber Email TimestampSubmitted Status
Wolf Law PLLC service@wolf|awpllc.com 6/7/2022 1:1 1 :59 PM SENT
JULIE FWOLF julie@wolflawpllc.com 6/7/2022 1:11:59 PM ERROR
Associated Case Party: NEWCRESTIMAGE MANAGEMENT, LLC D/B/A AC HOTEL
DOWNTOWN DALLAS
Name BarNumber Email TimestampSubmitted Status
Christine YDuperroir cduperroir@bbarr.com 6/7/2022 1:11:59 PM SENT
Melanie Baker mbaker@bbarr.com 6/7/2022 1:11:59 PM SENT
Carol Chambers cchambers@bbarr.com 6/7/2022 1:11:59 PM ERROR
Preview
CAUSE NO. DC-21-18263 ROBYN LANGLEY, § IN THE DISTRICT COURT Plaintiff, § § § v. § 193RD JUDICIAL DISTRICT § NEWCRESTMAGE MANAGEMENT, § LLC d/b/a AC HOTEL § DOWNTOWN DALLAS, § Defendants. § DALLAS COUNTY, TEXAS PROTECTIVE ORDER In order to preserve the rights of litigants in these proceedings to claim confidentiality of certain documents to be produced in this litigation by the parties, the Court orders as follows: 1. Terms. a. “Confidential Information” means information that constitutes a trade secret or reveals confidential research, development, or commercial information. Confidential Information does not include information that has been disclosed in the public domain. b. “Protected Documents” means materials, documents or discovery responses containing Confidential Information disclosed or produced by any party in this litigation. c. “Confidential Material” means any document(s) claimed pursuant to Section 2(a) or (b) of this Order and any Confidential Information claimed to be contained therein, to the extent allowed by this Order. 2. Designation. a. A document (or portion of a document) that a party determines in good faith to be a Protected Document may be claimed as confidential by (1) stamping the word “CONFIDENTIAL” on the document, or (2) using any other reasonable method agreed to by the parties. Such stamping shall not obscure any writings on the documents. b. A party may, on the record of a deposition or by written notice to opposing counsel no later than seventy-two (72) hours after receipt of the deposition transcript, claim any portion(s) of the deposition as “CONFIDENTIAL” LAW OFFICES OF BURT BARR & ASSOCIATES, L.L.P. P.O. BOX 223667 PRQTECTIVE ORDEB- Puget DALLAS. TEXAS 75222—3667 based on a good faith determination that any portions so claimed constitute a Protected Document. To the extent possible, any portions so claimed shall be transcribed separately and marked by the court reporter as “CONFIDENTIAL”. c. By claiming a document Confidential Material pursuant to Section 2(a) or 2(b), party represents that it has made a bona fide, good faith determination a that the document does, in fact, contain Confidential Information. 3. Challenge to Claim. a. Any party may challenge a claim made under Section 2(a) or 2(b) by written notice of its objection to counsel for the claiming party or non-party. Challenge to a claim made under Section 2(b) may be made either upon the record of the deposition or as provided in the preceding sentence. b. In the event a claim is challenged, the party requesting confidential treatment will move for an appropriate ruling from the Court. The material shall be treated as Confidential Material until the expiration of twenty (20) days if no motion is made by the party requesting confidential treatment (at which time the material shall no longer be treated as Confidential Material), or, if a motion is made, until the Court rules. c. A party shall not be obligated to challenge the propriety of the designation of documents as Confidential Materials at the time of designation, and failure to do so shall not preclude a subsequent challenge to the designation. 4. Use of Confidential Material Limited. Confidential Material shall be treated as confidential and used (1) by counsel in this case solely for the litigation of this case Except as set forth in Section 6, Confidential Material shall not be revealed without the express written consent of the party claiming same as Confidential Material or upon written order of the Court. 5. Not Applicable to Trial. This Order shall not apply to the disclosure of Protected Documents or the information contained therein at the time of trial, through the receipt of Protected Documents into evidence or through the testimony of witnesses. The closure of trial proceedings and sealing of the record of a trial involve considerations not presently before the Court. These issues may be taken up as a separate matter upon the motion of any party in compliance with Rule 76a TRCP. LAw OFFICES 0F BURT BARR & ASSOCIATES, L.L.P. P.O. BOX 223667 [RQTEQTIVE ORDER - Page 2 DALLAS, TEXAS 75222—3667 6. Permitted Disclosures. Confidential Material may be shown, disseminated, or disclosed only to the following persons: a. All attorneys of record for the parties in this case, including members of their respective law firms, and their employees assisting in the preparation of this case for trial; b. Experts and consultants retained by the parties for the preparation or trial of this case; c. Translators privately retained by the parties for the preparation or trial of this case; d. The Court, its staff, court reporters, deposition Videographers, mediators, court appointed translators, witnesses, and the jury in this case; 7. Agreement by Recipients. Before being given access to Confidential Material, each person described in paragraph 6(b), (c) or (e), shall be advised of the terms of this Order, shall be given a copy of this Order, and shall sign a copy of Exhibit “A”. 8. Retention of Jurisdiction by Court. This Court shall retain jurisdiction to make amendments, modifications, and additions to this Order as the Court may, from time to time, deem appropriate, as well as to resolve any disputes. 9. Production Not a Waiver. The Production of Confidential Material pursuant to this Order is not intended to constitute a waiver of any privilege or right to claim the trade secret or confidential status of the documents, materials, or information produced. 10. Public Health and Safety. Nothing in this Order is intended to prevent any party from raising with the Court any concern that the non-disclosure of certain Confidential Material may have a possible adverse effect upon the general public health or safety, or the administration or operation of government or public office. This Order does not seal Court Records in this case and is only intended to facilitate the prompt production of discovery materials. Any motion to seal Court Records must strictly adhere to Rule 76a, TRCP. No determination is being made by the Court at this time that these documents are confidential or entitled to protection. Such issues are reserved and will be ruled upon pursuant to this Order and any applicable notice and hearing provisions. This Order merely provides a framework for the parties to claim such LAW OFFICES OF BURT BARR & ASSOCIATES, L.L.P. P.O. BOX 223667 :Rmggflvg QRDER—Pagez DALLAS, TEXAS 75222-3667 materials as confidential to preserve their right to seek protection for these documents as confidential proprietary information, and to preserve such issues for ruling until each party may prepare their appropriate arguments on these issues. SIGNED this the day of , 2022. Presiding Judge TO AND ACCEPTED this 7th day of June 2022. AGREED g/éW/VN Y. Qua/A Christine Duperroir, Attorney for Defendant WWW Jtule Wolf, Attorney for Plaintiff LAW OFFICES OF BURT BARR & ASSOCIATES, L.L.P. P.O. BOX 223667 PROTECHVE 0mm - Page 4 DALLAS. TEXAS 75222-3667 649:4 01 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Christine Duperroir on behalf of Christine Duperroir Bar No. 22162600 cduperroir@bbarr.com Envelope ID: 65201741 Status as of 6/7/2022 3:15 PM CST Associated Case Party: ROBYN LANGLEY Name BarNumber Email TimestampSubmitted Status Wolf Law PLLC service@wolf|awpllc.com 6/7/2022 1:1 1 :59 PM SENT JULIE FWOLF julie@wolflawpllc.com 6/7/2022 1:11:59 PM ERROR Associated Case Party: NEWCRESTIMAGE MANAGEMENT, LLC D/B/A AC HOTEL DOWNTOWN DALLAS Name BarNumber Email TimestampSubmitted Status Christine YDuperroir cduperroir@bbarr.com 6/7/2022 1:11:59 PM SENT Melanie Baker mbaker@bbarr.com 6/7/2022 1:11:59 PM SENT Carol Chambers cchambers@bbarr.com 6/7/2022 1:11:59 PM ERROR