The opinion of the court was delivered by: Marc L. Goldman United States Magistrate Judge
ORDER ON STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND INADVERTENT DISCLOSURE
NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT
WHEREAS,the parties anticipate that, through discovery, they may seek to obtain documents and information that may be of a confidential or proprietary nature within the meaning of Rule 26(c)(7) of the Federal Rules of Civil Procedure;
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, as follows.
1. Definitions. The following words and phrases have the following meanings for the purposes of this Confidentiality Order.
a. "Producer" means a party or non-party who or which produces the following documents or material (collectively, "Documents," or individually, a "Document") in connection with this action.
i. Documents or physical evidence produced in response to document requests, interrogatories, requests for admissions, notices of inspection, or subpoenas;
ii. Responses to document requests, interrogatories and requests for admission; or
iii. Deposition transcripts, including exhibits thereto.
b. "Confidential Material" means Documents containing sensitive business or proprietary information, within the meaning of Rule 26(c)(7) of the Federal Rules of Civil Procedure. If a party learns at any time that a Document containing his or its sensitive or proprietary information exists in the other party's files and has not previously been designated as Confidential Material, the party shall be entitled to do so pursuant to paragraph 13 below.
c. "Designator" means a party to this action which or who designates documents as Confidential Material.
2. Limitation on Use of Confidential Material. All Confidential Material produced in this litigation shall be used by the parties and their respective counsel solely for the purpose of this litigation and for no other purpose, including without limitation, any future actions to be brought by any plaintiff or non-party, and shall not at any time be shared with non-parties to this action, including without limitation, counsel who are not counsel of record for the parties to this action. Moreover, all Confidential Material shall be returned or destroyed at the conclusion of the litigation, notwithstanding the existence of any pending or prospective dispute as to the confidentiality of the underlying information contained in the Confidential Material, pursuant to paragraph 11 below. Plaintiffs reserve the right to seek relief from the limitations imposed by this paragraph through a motion or application to the Court in this action.
3. Designation of Confidential Material -- Documents. If a party wishes to obtain the confidential protection set forth in paragraph 2, he or it shall place the legend "CONFIDENTIAL" (the "Confidential Legend") on the face of the Document and on each page so designated or by otherwise designating a category or group of Documents in clear and unambiguous language to this effect in a letter to the other party or in a similar writing. Any Document stamped, designated or otherwise marked in such a manner will be subject to the terms of this Confidentiality Order.
4. Designation of Confidential Material -- Discovery Responses. Designation of responses to interrogatories, requests for admissions or similar written discovery requests, and the information contained therein, as Confidential Material shall be made by placing the Confidential Legend on each page of any response containing information so designated before service of the response on the other party.
5. Designation of Confidential Material -- Deposition Testimony and Exhibits. A party may designate deposition testimony, including exhibits, as Confidential Material if the deponent testifies about Confidential Material of that party, pursuant to the following terms and conditions.
a. Designation of deposition testimony, including exhibits, as Confidential Material shall be made by service of a letter to this effect on the other party (a "Designation Letter"). The Designation Letter shall be served within 30 days of the designee's receipt of the transcript, and shall specify the testimony that is deemed to be confidential by page and line designation, or the exhibit that is to be deemed confidential by the name and number assigned to such exhibit by the party taking the deposition.
b. At the time of receipt of a Designation Letter, both parties shall place the Confidential Legend at the top of each page of each deposition transcript and exhibit designated as ...