AMENDED STIPULATION AND PROTECTIVE ORDER REGARDING DISCOVERY
In accordance with Federal Rule of Civil Procedure 26(c), and for good cause shown, IT IS HEREBY ORDERED:
1. This Protective Order shall apply to all information produced by the parties to this action during the course of discovery in this litigation, including document productions, interrogatory answers, responses to requests to admissions, depositions, and discovery materials otherwise produced or provided to the parties by non-partiespursuant to judicial procedures (collectively defined as "Litigation Materials").
2. All Confidential Materials (as defined below) made available in the course of the litigation of this case shall be used solely for the purposes of preparing for and conducting the litigation of this case and for no other purpose whatsoever. No Confidential Materials may be used or disseminated except in accordance with the terms of this Protective Order.
3. In producing or disclosing Litigation Materials, any party may designate as "confidential" any portion of any Litigation Materials that it believes, in good faith, constitutes or contains non-public, highly sensitive, private, confidential, trade secret information or proprietary information.
4. The parties may designate Litigation Materials as "confidential" at or before production or disclosure by (a) stamping or otherwise writing the legend "CONFIDENTIAL" on the Litigation Materials or (b) by an alternative method acceptable to all parties. In the event that Litigation Materials that are not designated initially as confidential are later designated as confidential, they shall thereafter be treated as confidential Litigation Materials in accordance with this Protective Order.
5. Parties may designate depositions or other testimony as confidential by any one of the following means: (a) stating orally on the record that the information is confidential and the portions for which such designation is made, on the day that testimony is given; or (b) sending written notice designating information as confidential within five days after receipt of a final transcript thereof. All information disclosed during a deposition shall be treated as if it were confidential unless and until the five-day period set forth in this paragraph has expired without any written designation notice having been sent. Failure to designate depositions or other testimony as confidential within this five-day period, however, does not preclude a party from doing so later in accordance with this order.
6. Litigation Materials designated "confidential," and any copies thereof or information contained therein shall be maintained in confidence by the attorney of record to whom such Litigation Materials are produced or disclosed and such Litigation Materials and/or the information contained in such Litigation Materials shall be disclosed only to the following persons:
(a) Named parties to the litigation, including employees of named parties to the extent deemed reasonably necessary by counsel for the party for assistance in prosecuting or 6 defending this case;
(b) Counsel for the parties, including both outside counsel and in-house counsel for the parties;
(c) Legal, paralegal, non-technical, and clerical staff employed by counsel for the parties for the preparation of and trial of this action who have been advised of this Order;
(d) Private court reporters or notaries public engaged by the parties in their official capacities;
(e) Persons appearing as deponents or witnesses on behalf of the party who has produced or disclosed the confidential Litigation Materials, or on whose behalf such confidential Litigation Materials have been produced or disclosed;
(f) Independent experts or consultants retained by the parties to furnish expert services or advice or to give expert testimony ...