[PROPOSED] STIPULATED PROTECTIVE ORDER
confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as confidential.
1. PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of The parties further acknowledge, as set forth in Section 10, below, that this Stipulated Protective Order creates no entitlement to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and reflects the standards that will be applied when a party seeks permission from the court to file material under seal.
employees, consultants, retained experts, and outside counsel (and their support staff).
of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.
2.3 "Confidential" Information or Items: information (regardless of how
2.1 Party: any party to this action, including all of its officers, directors,
2.2 Disclosure or Discovery Material: all items or information, regardless generated, stored or maintained) or tangible things that qualify for protection under standards developed under F.R.Civ.P. 26(c). from a Producing Party.
Discovery Material in this action.
items that it produces in disclosures or in responses to discovery as "Confidential."
2.4 Receiving Party: a Party that receives Disclosure or Discovery Material
2.5 Producing Party: a Party or non-party that produces Disclosure or
2.6 Designating Party: a Party or non-party that designates information or
2.7 Protected Material: any Disclosure or Discovery Material that is designated as "Confidential."
well as their support staffs).
2.8 Counsel (without qualifier): Outside Counsel and House Counsel (as
2.9 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action and who is not a past or a current employee of a Party or of a competitor of a Party's and who, at the time of retention, is not anticipated to become an employee of a Party or a competitor of a Party's. This definition includes a 8 professional jury or trial consultant retained in connection with this litigation.
2.10 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.
(as defined above), but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by parties or counsel to or in court or in other settings that might reveal Protected Material.
Even after the termination of this litigation, the confidentiality obligations imposed by this
The protections conferred by this Stipulation and Order cover not only Protected Material Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. The Court will retain jurisdiction to enforce the terms of the order for 6 months after final termination of the action.
Each Party or non-party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. A Designating Party must take care to designate for protection only those parts of material, documents, items, or oral or written communications that qualify -
5. DESIGNATING PROTECTED MATERIAL
5.1 Exercise of Restraint and Care in Designating Material for Protection.
so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order.
If it comes to a Party's or a non-party's attention that information or items that it designated for protection do not qualify for protection at all, or do not qualify for the level of protection initially asserted, that Party or non-party must promptly notify ...