I .n . STATE OF MAINE BUSINESS AND CONSUMER COURT CUMBERLAND, ss Location: Portland Docket No.: 8-04 FMILF. CLAVET. i Plaintiff, . CONFIDENTIALITY ORDER KEVIN DEAN and CECILF. DEAN, Defendants And BLUE WATER MARINA LLC and COVERED MARINA LLC, Parties in Interest The parties to this Consent Con?dentiality Order have agreed to the terms of this Order; accordingly, it is ORDERED: (1) Scope. All documents produced in the course of discovery, all responses to discovery requests, all deposition testimony and exhibits, other materials which may be subject to restrictions on disclosure for good cause and information derived directly therefrom (hereinafter collectively ?documents?), shall be subject to this Order concerning con?dential information as set forth below. This Order is subject to the Maine Rules of Civil Procedure on matters of procedure and calculation of time periods. (2) Form and Timing of Designation. A party may designate documents as con?dential and restricted in disclosure under this Order by placing or af?xing the words BUSINESS comer JUL 25 ?13 millz33 SUBJECT TO PROTECTIVE on the document in a manner that will not interfere with the legibility of the document and that will permit complete removal of the To PROTECTIVE ORDER designation. Documents shall be designated SUBJECT To PROTECTIVE ORDER prior to or at the time of the production or disclosure of the documents. The designation SUBJECT To PROTECTIVE does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order. (3) Documents Which May be Designated CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER. Any party may designate documents as CONFIDENTIAL SUBJECT To PROTECTIVE ORDER but only after review of the documents by an attorney or a party appearing pro se who has in good faith determined that the documents contain information protected from disclosure by statute or that should be protected from disclosure as con?dential personal information, trade secrets, personnel records, or commercial information. The designation shall be made subject to the standards of Rule 1] and the sanctions of Rule 37 of the Maine Rules of Civil Procedure. Information or documents that are available in the public sector may not be designated as CONFIDENTIAL - SUBJECT To PROTECTIVE ORDER. (4) Depositions. Deposition testimony shall be deemed SUBJECT To PROTECTIVE ORDER only if designated as such. Such designation shall be sgi?c as to the pgrti_ox_i? to be designated CONFIDENTIAL SUBJECT To PROTECTIVE ORDER. Depositions, in whole or in part, shall be designated on the record as CONFIDENTIAL-SUBJECT T0 PROTECTIVE ORDER at the time of the deposition. Deposition testimony so designated shall remain CONFIDENTIAL SUBJECT To PROTECTIVE ORDER until seven days after delivery of the transcript by the court reporter. Within seven days a?er delivery of the transcript, a designating party may serve a Notice of Designation to all parties of record as to speci?c portions of the transcript to be designated SUBJECT TO PROTECTIVE ORDER. Thereafter, those portions so designated shall be protected as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER. Challenges to a designation of SUBJECT TO ORDER shall be resolved pursuant to paragraph 9, below. The failure to serve a Notice of Designation shall waive the CONFIDENTIAL SUBJECT To ORDER designation made on the record of the deposition. If deposition excerpts have not been designated as con?dential pursuant to this order, they are not to be treated as sealed documents when ?led with the court. (5) Protection of Confidential Material. (3) General Protections. Documents designated SUBJECT TO PROTECTIVE ORDER under this Order shall not be used or disclosed by the parties, counsel for the parties or any other persons identi?ed in 6(b) for any purpose whatsoever other than to prepare for and to conduct discovery and trial in this action, including any appeal thereof. Limited Third-Party Disclosures. The parties and counsel for the parties shall not disclose or permit the disclosure of any CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER documents to any third person or entity except as set forth in subparagraphs - (6). Subject to these requirements, the following categories of persons may be allowed to review documents that have been designated To PROTECTIVE ORDER: 1) Counsel. Counsel for the parties and employees of counsel who have responsibility for the preparation and trial of the action; (2) Parties. Parties and employees of a party to this Order; (3) Court Reporters and Recorders. Court reporters and recorders engaged for depositions; (4) Contractors. Those persons speci?cally engaged for the limited purpose of making copies of documents or organizing or processing documents but only after each such person has completed the certi?cation contained in Attachment A, Acknowledgment of Understanding and Agreement to Be Bound. (5) Consultants and Experts. Consultants, investigators, or experts (hereina?er referred to collectively as ?experts?) employed by the parties or counsel for the parties to assist in the preparation and trial of this action but only after such persons have completed the certi?cation contained in Attachment A, Acknowledgment of Understanding and Agreement to Be Bound; and (6) Others by Consent. Other persons only by written consent of the producing party or upon order of the Court and on such conditions as may be agreed or ordered. All such persons shall execute the certi?cation contained in Attachment A, Acknowledgment of Understanding and Agreement to Be Bound. Control of Documents. Counsel for the parties shall make reasonable efforts to prevent unauthorized disclosure of documents designated as CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER pursuant to the terms of this Order. Counsel shall maintain the originals of the forms signed by persons acknowledging their obligations under this Order for a period of eight years from the date this litigation is terminated either through settlement or ?nal judgment. Copies. Prior to production to another party, all copies, electronic images, duplicates, extracts, summaries or descriptions (hereinafter referred to collectively as copies?) of documents designated as CONFIDENTIAL - SUBJECT To PROTECTIVE ORDER under this Order, or any individual portion of such a document, shall be af?xed with the designation - SUBJECT TO PROTECTIVE if the words do not already appear on the copy. All such copies shall thereafter be entitled to the protection of this Order. The term ?copies" shall not include indices, electronic databases or lists of documents provided these indices, electronic databases or lists do not contain substantial portions or images of the text of con?dential documents or otherwise disclose the substance of the con?dential information contained in those documents. (6) Filing of Documents Designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER. Before any document marked as CONFIDENTIAL SUBJECT To PROTECTIVE ORDER is ?led with the court, the party ?ling the document shall make reasonable efforts to ensure that the document is protected from public disclosure or has been redacted to remove nonessential con?dential information. The ?ling party shall ?rst consult with the party who originally designated the document as CONFIDENTIAL SUBJECT To PROTECIIVE ORDER to determine whether, with the consent of that party, a redacted document may be ?led with the Court not under seal. Where complete agreement is not reached, the party ?ling a pleading that includes any document or information from a document designated as CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER, shall ?le both a redacted version and unredacted version of the pleading and documents pursuant to the BCD Procedural Rules. The electronic ?ling shall be served upon all parties in electronic format in accordance with Rules 139 and 140 of the Maine Rules of Civil Procedure. On the same day of the electronic ?lings with the court, the party ?ling the pleadings must submit signed paper originals of the document in redacted and unredacted form. The unrcdacted pleading and documents ?led pursuant to MR. Civ. P. l39(a)(2) shall be Submitted in a sealed envelope which is labeled with the BCD docket number, the name of the pleading the name of the party submitting the pleading, date submitted and the notation SUBJECT TO (7) No Greater Protection of Specific Documents. No party may withhold information from discovery on the ground that it requires protection greater than that afforded by this Order unless the party moves for an order providing such special protection. party or non-party. The party or non-party may challenge the designation by requesting a MR. Civ. P. 26(g) conference consistent with MR. Civ. P. 133(b). (9) Action by the Court. Nothing in this Order or any action or agreement of a party under this Order limits the Court?s power to make orders concerning the disclosure of documents produced in discovery or at trial. (10) Use of Con?dential Documents or Information at Trial. A party which intends to present or which anticipates that another party may present at trial CONFIDENTIAL SUBJECT To PROTECTIVE ORDER documents or information derived therefrom shall identify the issue, not the information, in the Joint Final Pretrial Statement. The Court may thereafter make such orders as are necessary to govern the use of such documents or information at trial. (11) Obligations on Conclusion of Litigation. Order Remains in Effect. Unless otherwise agreed or ordered, this Order shall remain in force after dismissal or entry of ?nal judgment not subject to further appeal. Return of CONFIDENTIAL Sumner r0 PROTECTIVE ORDER Documents. Within thirty days after dismissal or entry of ?nal judgment not subject to further appeal, all documents treated as CONFIDENTIAL SUBJECT TO ORDER under this Order, including copies as de?ned in 1 shall be returned to the producing party unless: (I) the document has been offered into evidence or ?led without restriction as to disclosure; (2) the parties agree to in lieu of return; or (3) as to documents bearing the notations, summations, or other mental impressions of the receiving party, that party elects to destroy the documents and certi?es to the producing party that it has done so. Notwithstanding the above requirements to return or destroy documents, counsel may retain attorney work product, including an index which refers or relates to information designated CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER, so long as that work product does not duplicate verbatim substantial portions of the text or images of con?dential documents. This work product shall continue to be T0 PROTECTIVE ORDER under this Order. An attorney may use his or her work product in a subsequent litigation provided that its use does not disclose or use CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents. (12) Order Subject to Modification. This Order shall be subject to modification by the Court on its own motion or on motion of a party or any other person with standing concerning the subject matter. (13) No Prior Judicial Determination. This Order is entered based on the representations and agreements of the parties and for the purpose of facilitating discovery. Nothing herein shall be construed or presented as a judicial determination that any documents or information designated CONFIDENTIAL SUBJECT TO PROTECHVE ORDER by counsel or the patties is subject to protection under Rule 26(c) of the Maine Rules of Civil Procedure or otherwise until such time as the Court may rule on a specific document or issue. 14) Persons Bound. This Order shall take effect when entered and shall be binding upon all counsel and their law ?rms, the parties, and persons made subject to this Order by its terms. Pursuant to MR. Civ. P. 79(a), the Clerks shall incorporate this order into the docket by reference. Dated: Justice, Business and Consumer Court WE SO MOVE WE SO and agree to abide by the and agree to abide by the ter 1' this (?rdez terms of this Order Si?tattn?e/V Signature Clifford Ruprecht, Bar No. 8714 David C. Johnson, Bar No. 9447 Counsel for: EMILE CLAVET Counsel for: KEVIN DEAN, CECILE DEAN, BLUE WATER MARINA LLC, and COVERED MARINA LLC Dated Dated: 7/11/19 (14) Persons Bound. This Order shall take effect when entered and shall be binding upon all counsel and their law ?rms, the parties, and persons made subject to this Order by its terms. Pursuant to M.R. Civ. P. 79(a), the Clerks shall incorporate this order into the docket by reference. Dated: Justice, Business and Consumer Court WE SO MOVE WE SO and agree to abide by the and agree to abide by the terms of this Order terms of this Order Signature Signature Clifford Ruprecht, Bar No. 8714 David C. Johnson, Bar No. 9447 Counsel for: EMILE CLAVET Counsel for: KEVIN DEAN, CECILE DEAN, BLUE WATER MARINA LLC, and COVERED MARINA LLC Dated: Dated: (14) Persons Bound. This Order shall take effect when entered and shall be binding upon all counsel and then" law ?rms, the parties, and persons made subject to this Order by its terms. Pursuant to MR. Civ. P. 79(a), the Clerks shall incorporate this order into the docket by reference Dated: 7 2f// WE SO MOVE and agree to abide by the this (Whirl c9M Clifford Bar No. 8714 Counsel for: EMILE CLAVFIT Dated: b?/2/l?/3018/ Entered on the Docket 7/2 37 Copies sent via Mail_Electronically_/ WM Justice, Business and Consumer Conn WE SO and agree to abide by the terms of this Order 3?42/5ifL/1L?n Signature David C. Johnson, Bar No. 9447 Counsel for: KEVIN DEAN, CECILE DEAN, BLUE WATER MARINA LLC, and COVERED MARINA LLC Dated: 7511'? .