The opinion of the court was delivered by: Judge: Honorable Marc L. Goldman
[PROPOSED] PROTECTIVE ORDER FOR DISCOVERY PURPOSES
The parties to this action, by and through their respective counsel of record, have stipulated and agreed to the entry of a Protective Order regarding the treatment of Confidential Information produced in discovery. Based upon the stipulation of the parties, and good cause appearing therefore,
IT IS HEREBY ORDERED that
1. For purposes of this Protective Order, and subject to the parties' right to object to the designation of material as "confidential" (as set forth in paragraph 5 below), the term "Confidential Information" as used herein means and includes:
(a) non-public financial data related to sales revenue, expenses and/or profits; and
(b) other non-public commercial information concerning a party's dealings with its customers, clients and/or contractors, which a party considers and treats as proprietary, confidential and/or trade secret.
2. As used in this Protective Order the word:
(a) "Producing Party" means any party or third party that produces documents or information pursuant to discovery requests or otherwise in the course of this litigation;
(b) "Discovering Party" means the party seeking discovery.
3. Any Producing Party may designate as "CONFIDENTIAL" any material, documents, discovery responses, testimony or other information, which constitutes or contains Confidential Information, as follows:
(a) Documents containing Confidential Information, which are produced in responses to document requests or subpoenas, shall be marked by the Producing Party with the following legend:
(b) The portions of written responses to interrogatories, document requests, requests for admissions or other written discovery responses, which contain Confidential Information, shall be separately identified and marked with the legend CONFIDENTIAL. An entire written response will not be designated as CONFIDENTIAL, unless all of the information contained in the response is Confidential Information.
(c) Any other Confidential Information provided by the Producing Party during this litigation, if in written or other tangible form, shall be ...