The opinion of the court was delivered by: Andrew J. Wistrich Magistrate Judge U.S. District Court
STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL AND/OR PROPRIETARY BUSINESS INFORMATION, INCLUDING PERSONAL CONTACT INFORMATION OF PUTATIVE CLASS MEMBERS
IT IS HEREBY STIPULATED BY AND BETWEEN Plaintiff Peter Paul Aguiar ("Plaintiff"), individually and on behalf of other members of the general public similarly situated, and Defendants AT&T Mobility, LLC (formerly known as Cingular Wireless, LLC) and Cingular Wireless Employee Services, LLC ("Defendants"), by and through their respective counsel of record, as follows:
Defendants have in their possession certain confidential information and documents which may be reasonably calculated to lead to the discovery of admissible evidence in the above-captioned action. Production of such confidential information and/or documents might result in harm to Defendants because said information and documents may constitute privileged and confidential proprietary business information and/or may infringe upon certain individuals' privacy rights. In view of these facts, the parties agree to enter into the following Stipulated Protective Order ("Order").
"Confidential Documents" are defined as any documents designated by Defendants as "Confidential," "Proprietary," or "Confidential and/or Proprietary." These include, but are not limited to, documents containing confidential and proprietary information belonging to the Company such as employment policies and procedures, compensation data, and identifying contact information (e.g., names, last known home addresses and telephone numbers) of the putative class members or Defendants' other employees, consultants, or contractors ("Contact Information").
B. Limited Use of Documents and Information
Plaintiff's counsel hereby agree not to use the Confidential Documents or any information contained thereon or obtained therefrom for any purpose other than the purpose set forth in this Stipulation and Order. Said Confidential Documents and any information contained therein or obtained therefrom shall be treated as confidential by the parties and shall not be disclosed to any person except in accordance with the terms of this Order or pursuant to a legally enforceable subpoena.
Said Confidential Documents and any information contained therein or obtained therefrom shall be used solely for the legitimate purpose of litigation preparation, trial, and appeal related to Plaintiff's claims alleged in the operative Third Amended Complaint and for no other purpose or litigation whatsoever. Said Confidential Documents and any information contained therein or obtained therefrom shall not be used by counsel for Plaintiff in connection with any other lawsuit or prospective lawsuit, whether related to this litigation or not. Said Confidential Documents and any information contained therein or obtained therefrom also shall not be used by counsel for Plaintiff for the purpose of soliciting any individual to initiate, pursue or join in any lawsuit against Defendants, including this litigation, unless otherwise ordered by this Court.
C. Advanced Approval Of Any Notice Using Contact Information
Plaintiff's counsel hereby agree that, if they or their agents send any letter or notice of any sort to any individual listed in any Confidential Documents containing Contact Information, they will obtain approval in writing from Defendants' counsel of the contents of the letter prior to sending the letter. Plaintiff's counsel hereby agree that, if they or their agents contact any individual listed in any Confidential Documents containing Contact Information, they will notify the individual who has been contacted that Defendants put measures in place to protect their current and former employees' confidential information, including but not limited to entering into this Stipulation and Protective Order.
Pursuant to this Order, counsel for Plaintiff may only disclose, disseminate or make available the Confidential Documents and any information contained therein or obtained therefrom to the following persons who shall be designated as "Qualified Persons":
(a) All counsel for the parties in this litigation and employees of such attorneys to whom it is necessary that the Confidential Documents be ...