The opinion of the court was delivered by: Hon. Stephen J. Hillman
STIPULATED PROTECTIVE ORDER STIPULATED PROTECTIVE ORDER
In order to protect the confidentiality of confidential information obtained by the parties in connection with this case, the parties hereby agree as follows:
1. Any party may designate as "Confidential" (by stamping the relevant page or as otherwise set forth herein) any document or response to discovery which that party considers in good faith to contain information involving trade secrets, or confidential business or financial information, subject to protection under the Federal Rules of Civil Procedure or applicable state law ("Confidential Information"). Where a document or response consists of more than one page, the first page and each page on which Confidential Information appears shall be so designated.
2. Except as otherwise provided in this Order, or as otherwise stipulated or ordered, material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced.
3. A party may designate information disclosed during a deposition or in response to written discovery as "Confidential" by so indicating in said responses or on the record at the deposition and requesting the preparation of a separate transcript excluding such material, to be paid for by the party requesting preparation of such separate transcript. Additionally a party may designate in writing, within twenty (20) days after receipt of said responses or of the deposition transcript for which the designation is proposed, that specific pages of the transcript and/or specific responses be treated as Confidential Information. Any other party may object to such proposal, in writing or on the record. Upon such objection, the parties shall follow the procedures described in paragraphs 11- 13 below. After any designation made according to the procedure set forth in this paragraph, the designated documents or information shall be treated according to the designation until the matter is resolved according to the procedures described in paragraphs 11-13 below, and counsel for all parties shall be responsible for marking all previously unmarked copies of the designated material in their possession or control with the specified designation.
4. A party may designate as "Confidential" documents or discovery materials produced by a non-party by providing written notice to all parties of the relevant document numbers or other identification of the documents or discovery materials the party believes are "Confidential" within thirty (30) days after receiving such documents or discovery materials. A party may not designate documents produced by a non-party as "Confidential" unless said documents consist, contain or comprise the party's Confidential Information.
5. All information produced or exchanged in the course of this case (other than information that is publicly available) shall be used by the party or parties to whom the information is produced solely for the purposes of this litigation. The Confidential Information must be stored and maintained by the receiving party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Stipulated Protective Order.
6. Except with the prior written consent of the other parties, or upon prior order of this Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to any person other than:
a) counsel for the respective parties to this litigation, including in-house counsel and co-counsel retained for this litigation;
b) employees of such counsel;
c) individual defendants, class representative(s), lead plaintiff(s), or any officer or employee of a party, solely to the extent deemed necessary by counsel for the prosecution or defense of this litigation;
d) consultants, investigators, outside vendors, or expert witnesses retained for the prosecution or defense of this litigation or members of the purported class, provided that each such person shall execute a copy of the Certification annexed to this Order (which shall be retained by counsel to the party disclosing the Confidential Information to the consultant, expert witness or purported class member, and made available for inspection by opposing counsel during the pendency or after the termination of the action only upon good cause shown and upon order of the Court) before being shown or given any Confidential Information;
e) any authors or recipients of the Confidential Information;
f) the Court, Court personnel, and court ...