Joint Memorandum in Support of Joint Motion for Entry of Stipulated Protective Order

Date: 
Tuesday, September 28, 2004
Document Type: 
Motions and Memoranda - Miscellaneous
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

SMITHFIELD FOODS, INC.,

                  Defendant.


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Civil Action No.: 2:04cv526
Judge Robert G. Doumar

JOINT MEMORANDUM IN SUPPORT OF JOINT MOTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER

The Parties' Joint Motion for Entry of Stipulated Protective Order is made pursuant to Rules 7(b) and 26(c)(7) of the Federal Rules of Civil Procedure, as well as Rules 5(C) and 7 of the Local Civil Rules.

The parties respectfully request that the Court enter the attached proposed Stipulated Protective Order to ensure that confidential information obtained during (1) Plaintiff's pre-complaint investigation, (2) jurisdictional discovery in the transferor court or (3) discovery here is not improperly disclosed. The proposed Stipulated Protective Order permits producing Parties and third parties to designate materials as confidential if such party reasonably believes the material contains any trade secret or other confidential, strategic, research, development, or commercial information that, if disclosed, would materially affect its business, commercial or financial interests. The proposed Stipulated Protective Order also establishes rules for use of such confidential materials, including notice to the producing Party or third party prior to any public disclosure. A substantially similar order, limited to jurisdictional discovery, was entered by the United States District Court for the District of Columbia, the transferor court for this action.

Counsel for the Parties negotiated the proposed Stipulated Protective Order to protect the interests of all parties, including those third parties who produced materials to Plaintiff during its pre-complaint investigation. As stated in Paragraph 16 of the proposed Stipulated Protective Order, agreeing to the Stipulated Protective Order and complying with its terms is not an endorsement of any party's designation of Confidential Information. With the entry of the proposed Stipulated Protective Order, however, all parties, particularly third parties, will have confidence that materials they designate as confidential will not be publicly disclosed without, at a minimum, advance notice and an opportunity to contest such disclosure. Accordingly, its entry will facilitate the discovery process, including Plaintiff's initial disclosure of materials obtained in its pre-complaint investigation.

Therefore, counsel for both parties jointly move the Court for entry of the proposed Stipulated Protective Order.

FOR PLAINTIFF
UNITED STATES OF AMERICA:

_______________/s/________________
C. Alexander Hewes (VSB No. 04922)
United States Department of Justice
Antitrust Division
325 7th Street, NW, Suite 500
Washington, DC 20530
Telephone: (202) 305-8519
Facsimile: (202) 616-2441

FOR DEFENDANT
SMITHFIELD FOODS, INC.

_______________/s/________________
Thomas G. Slater, Jr. (VSB No. 05915)
HUNTON & WILLIAMS LLP
Riverfront Plaza, East Tower
951 East Byrd Street
Richmond, Virginia 23219-4074
Telephone: (804) 788-8475
Facsimile: (804) 788-8218

Gregory N. Stillman (VSB No. 14308)
HUNTON & WILLIAMS LLP
500 East Main Street, Suite 1000
Norfolk, Virginia 23510
Telephone: (757) 640-5300

Kevin J. Arquit, Esq.
SIMPSON THACHER & BARTLETT LLP
425 Lexington Avenue
New York, New York 10017-3954
(212) 455-2000

Dated: 24th day of September, 2004 Dated: 27th day of September, 2004

Attachments: 
Updated June 30, 2015