CASE 0:13-cv-00604-JNE-JSM Document 7 Filed 03/20/13 Page 1 of 12
CASE 0:13-cv-00604-JNE-JSM Document 7 Filed 03/20/13 Page 2 of 12
All documents that refer or relate to the identification of the eBay user(s) linked to
the following user names: treynolds8484, nicole1249, jtown995, jazzzyjess,
riversidez, vintagepostcardshop, amandaityybitty2006, one2own, 2extreme2pay,
kbli2841, kuponkweenmom, 4hzkare, kimmyadams2011, danielretired, bulllsrus,
misst1955, kingislandz, fireman582wp, windstreamz, billhowell2424, jaynewebb,
jimmyz9988, abu_101, pcox1225, hauser0_60, couponsaves2013, texasjimbob,
mogooddeals4less, fishing-101, mrud1x, 1960annieoliver, savesmoney2,
eagerbecorp, jeff111*jeff, ilovebabyv, sue6230, volturenpal, oterryoliver,
mhoadley0414, capone33006, wonny-sports, anrooks2012, supper3,
kendrakendra4, njeasylife01, and mhoadley0414
In doing so, You are requested to provide the name, address, telephone number,
alternate email, and any other contact information for the user.
All documents that refer or relate to the identification of all eBay users who have
sold products from January 1, 2011 to present with titles including the terms “Jack
Link”, “Jack Link’s”, or Jack Links” together with the term “coupon” or
“coupons.” In doing so, You are requested to provide the address, telephone
number, email, and any other contact information for the user.
All documents that refer or relate to any item sold by the users identified in
Request Nos. 1 or 2 that included in the product title “Jack Link”, “Jack Link’s”,
or Jack Links” together with the term “coupon” or “coupons.” In doing so, You
CASE 0:13-cv-00604-JNE-JSM Document 7 Filed 03/20/13 Page 3 of 12
are requested to provide all product descriptions, photographs, listing information,
sale price, and buyer information related to those products.
All documents related to invoices, bills, payments, scheduled payments, or
statements of account linked to the users identified in Request Nos. 1 and 2.
All documents related to other eBay accounts used by the users identified in
Request Nos. 1 and 2.
CASE 0:13-cv-00604-JNE-JSM Document 7 Filed 03/20/13 Page 4 of 12
LINK SNACKS, INC.,
JOHN DOES 1-100
Court File No. 13-cv-00604-JNE-JSM
CASE 0:13-cv-00604-JNE-JSM Document 7 Filed 03/20/13 Page 5 of 12
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA
Upon request of Plaintiff for an order pursuant to Fed. R. Civ. P. 26(c) that trade
secret or other confidential information be disclosed only in designated ways:
As used in the Protective Order, these terms have the following meanings:
“Attorneys” means counsel of record;
“Confidential” documents are documents designated pursuant to paragraph 2;
“Confidential - Attorneys’ Eyes Only” documents are the subset of Confidential
documents designated pursuant to paragraph 5;
“Documents” are all materials within the scope of Fed. R. Civ. P. 34;
“Written Assurance” means an executed document in the form attached as Exhibit
By identifying a document “Confidential”, a party may designate any document,
including interrogatory responses, other discovery responses, or transcripts, that it in
good faith contends to constitute or contain trade secret or other confidential information.
CASE 0:13-cv-00604-JNE-JSM Document 7 Filed 03/20/13 Page 6 of 12
All Confidential documents, along with the information contained in the
documents, shall be used solely for the purpose of this action, and no person receiving
such documents shall, directly or indirectly, transfer, disclose, or communicate in any
way the contents of the documents to any person other than those specified in paragraph
4. Prohibited purposes include, but are not limited to, use for competitive purposes or the
prosecution of additional intellectual property rights.
Access to any Confidential document shall be limited to:
the Court and its officers;
(b) Attorneys and their office associates, legal assistants, and stenographic and
persons shown on the face of the document to have authored or received it;
court reporters retained to transcribe testimony;
outside independent persons (i.e., persons not currently or formerly
employed by, consulting with, or otherwise associated with any party) who are retained
by a party or its attorneys to furnish technical or expert services, or to provide assistance
as mock jurors or focus group members or the like, and/or to give testimony in this
The parties shall have the right to further designate Confidential documents or
portions of documents as “Confidential - Attorneys’ Eyes Only”. Disclosure of such
information shall be limited to the persons designated in paragraphs 4(a), (b), (c), (d), and
CASE 0:13-cv-00604-JNE-JSM Document 7 Filed 03/20/13 Page 7 of 12
Third parties producing documents in the course of this action may also designate
documents as “Confidential” or “Confidential - Attorneys’ Eyes Only”, subject to the
same protections and constraints as the parties to the action. A copy of the Protective
Order shall be served along with any subpoena served in connection with this action. All
documents produced by such third parties shall be treated as “Confidential - Attorneys’
Eyes Only” for a period of 14 days from the date of their production, and during that
period any party may designate such documents as “Confidential” or “Confidential -
Attorneys’ Eyes Only” pursuant to the terms of the Protective Order.
Each person appropriately designated pursuant to paragraph 4(e) to receive
Confidential information shall execute a “Written Assurance” in the form attached as
Exhibit A. Opposing counsel shall be notified at least 14 days prior to disclosure to any
such person who is known to be an employee or agent of, or consultant to, any competitor
of the party whose designated documents are sought to be disclosed. Such notice shall
provide a reasonable description of the outside independent person to whom disclosure is
sought sufficient to permit objection to be made. If a party objects in writing to such
disclosure within 14 days after receipt of notice, no disclosure shall be made until the
party seeking disclosure obtains the prior approval of the Court or the objecting party.
All depositions or portions of depositions taken in this action that contain trade
secret or other confidential information may be designated “Confidential” or
“Confidential - Attorneys’ Eyes Only” and thereby obtain the protections accorded other
“Confidential” or “Confidential - Attorneys’ Eyes Only” documents. Confidentiality
designations for depositions shall be made either on the record or by written notice to the
CASE 0:13-cv-00604-JNE-JSM Document 7 Filed 03/20/13 Page 8 of 12
other party within 14 days of receipt of the transcript. Unless otherwise agreed,
depositions shall be treated as “Confidential - Attorneys’ Eyes Only” during the 14-day
period following receipt of the transcript. The deposition of any witness (or any portion
of such deposition) that encompasses Confidential information shall be taken only in the
presence of persons who are qualified to have access to such information.
Any party who inadvertently fails to identify documents as “Confidential” or
“Confidential - Attorneys’ Eyes Only” shall have 14 days from the discovery of its
oversight to correct its failure. Such failure shall be corrected by providing written notice
of the error and substituted copies of the inadvertently produced documents. Any party
receiving such inadvertently unmarked documents shall make reasonable efforts to
retrieve documents distributed to persons not entitled to receive documents with the
10. Any party who inadvertently discloses documents that are privileged or otherwise
immune from discovery shall, promptly upon discovery of such inadvertent disclosure, so
advise the receiving party and request that the documents be returned. The receiving
party shall return such inadvertently produced documents, including all copies, within 14
days of receiving such a written request. The party returning such inadvertently produced
documents may thereafter seek re-production of any such documents pursuant to
If a party files a document containing Confidential information with the Court, it
shall do so in compliance with the Electronic Case Filing Procedures for the District of
Minnesota. Prior to disclosure at trial or a hearing of materials or information designated
CASE 0:13-cv-00604-JNE-JSM Document 7 Filed 03/20/13 Page 9 of 12
“Confidential” or “Confidential - Attorneys’ Eyes Only”, the parties may seek further
protections against public disclosure from the Court.
12. Any party may request a change in the designation of any information designated
“Confidential” and/or “Confidential - Attorneys’ Eyes Only”. Any such document shall
be treated as designated until the change is completed. If the requested change in
designation is not agreed to, the party seeking the change may move the Court for
appropriate relief, providing notice to any third party whose designation of produced
documents as “Confidential” and/or “Confidential - Attorneys’ Eyes Only” in the action
may be affected. The party asserting that the material is Confidential shall have the
burden of proving that the information in question is within the scope of protection
afforded by Fed. R. Civ. P. 26(c).
13. Within 60 days of the termination of this action, including any appeals, each party
shall either destroy or return to the opposing party all documents designated by the
opposing party as “Confidential”, and all copies of such documents, and shall destroy all
extracts and/or data taken from such documents. Each party shall provide a certification
as to such return or destruction as within the 60-day period. Attorneys shall be entitled to
retain, however, a set of all documents filed with the Court and all correspondence
generated in connection with the action.
14. Any party may apply to the Court for a modification of the Protective Order, and
nothing in the Protective Order shall be construed to prevent a party from seeking such
further provisions enhancing or limiting confidentiality as may be appropriate.
CASE 0:13-cv-00604-JNE-JSM Document 7 Filed 03/20/13 Page 10 of 12
15. No action taken in accordance with the Protective Order shall be construed as a
waiver of any claim or defense in the action or of any position as to discoverability or
admissibility of evidence.
The obligations imposed by the Protective Order shall survive the termination of
this action. Within 60 days following the expiration of the last period for appeal from
any order issued in connection with this action, the parties shall remove any materials
designated “Confidential” from the office of the Clerk of Court. Following that 60-day
period, the Clerk of Court shall destroy all “Confidential” materials.
Dated: ______________, 2013
U.S. Magistrate Judge Janie S. Mayeron
CASE 0:13-cv-00604-JNE-JSM Document 7 Filed 03/20/13 Page 11 of 12
____________________________ declares that:
I reside at ____________________________in the city of ________________ ,
county _______________ , state of ________________________ ;
I am currently employed by ___________________ located at
___________________and my current job title is __________________________.
I have read and believe I understand the terms of the Protective Order dated
_______ , filed in Civil Action No. _______, pending in the United States District Court
for the District of Minnesota. I agree to comply with and be bound by the provisions of
the Protective Order. I understand that any violation of the Protective Order may subject
me to sanctions by the Court.
I shall not divulge any documents, or copies of documents, designated
“Confidential” or “Confidential - Attorneys’ Eyes Only” obtained pursuant to such
Protective Order, or the contents of such documents, to any person other than those
specifically authorized by the Protective Order. I shall not copy or use such documents
except for the purposes of this action and pursuant to the terms of the Protective Order.
As soon as practical, but no later than 30 days after final termination of this action,
I shall return to the attorney from whom I have received them, any documents in my
possession designated “Confidential” or “Confidential - Attorneys’ Eyes Only”, and all
copies, excerpts, summaries, notes, digests, abstracts, and indices relating to such
CASE 0:13-cv-00604-JNE-JSM Document 7 Filed 03/20/13 Page 12 of 12
I submit myself to the jurisdiction of the United States District Court for the
District of Minnesota for the purpose of enforcing or otherwise providing relief relating
to the Protective Order.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on _______________________