The opinion of the court was delivered by: Honorable Patrick J. Walsh United States Magistrate Judge
STIPULATION OF THE PARTIES FOR ENTRY OF A PROTECTIVE ORDER; FILED CONCURRENTLY WITH [PROPOSED] PROTECTIVE ORDER Complaint Filed 12/04/08
IT IS HEREBY STIPULATED AND AGREED, by the parties to this action, through their respective undersigned counsel of record, that the proprietary, confidential, private and trade secret information and documents will be the subject of discovery in this matter and will be utilized in the discovery, litigation and trial of this matter, and that it is necessary to protect such proprietary, confidential, private, and trade secret information and documents from inappropriate or unlawful disclosure or use.
THEREFORE IT IS HEREBY STIPULATED AND AGREED:
The following definitions shall apply to this Order:
a. "Litigation" shall refer to this action, and to any and all actions later consolidated with this action, any appeal from this action, all through final judgment.
b. "Documents" shall mean all written records or graphic material whatsoever including without limitation all "writings" as defined by the Federal Rules of Evidence, any meaning reasonably given to such term in any written request for production of documents served by any party herein, and all reproductions of the foregoing, expressly including any and all electronic versions of same.
c. "Producing Party" shall mean any party to the Litigation, or any non-party producing documents, information or other materials in the Litigation.
d. "Confidential Information" shall mean any and all information which the Producing Party in good faith contends is proprietary, confidential, or private to it, or which the Producing Party in good faith contends constitutes or includes one or more trade secret(s).
a. Information Governed: This Order shall govern all Documents and other information and materials generated or produced in response to any method of discovery, whether formal or informal, conducted by any Producing Party.
b. Designation of Confidential Information - Documents: Documents deemed by any Producing Party to be Confidential Information shall be designated as such by affixing or stamping a legend on such Documents that includes the following language:
"CONFIDENTIAL" or "CONFIDENTIAL: ATTORNEY'S EYES ONLY." Any documents labeled "CONFIDENTIAL" may only be shown to the parties to this litigation as well as the persons specified below in paragraph 4, subparagraphs (a)-(g). Any documents labeled "CONFIDENTIAL: ATTORNEY'S EYES ONLY" may only be shown to the persons specified below in Paragraph 4, subparagraphs (a) --(g).
c. Designation of Confidential Information -- Non-Documents: For information not reduced to written material, documents, or tangible items, or information that cannot be conveniently designated as set forth in this paragraph, the Producing Party will designate the Confidential Information by written notice to all parties to the Litigation when the Confidential Information is produced.
d. Designation of Confidential Information -- Testimony: All testimony elicited during depositions, hearings and other proceedings which concerns or relates to Confidential Information shall be deemed Confidential Information until the expiration of thirty (30) days after the mailing or other delivery of a copy of the transcript of the testimony by the Court reporter to counsel who request a copy of the transcript. This subsection will not otherwise affect the deposition which is being recorded while it is in session. Within the thirty-day (30) period following mailing, the party asserting the claim of confidentiality may, by written notice served on all other parties to the Litigation, designate all or any portion of the testimony to be confidential. It shall be the duty of counsel asserting the claim of confidentiality to ensure that the record accurately reflects the beginning and ending points of the testimony deemed to disclose Confidential Information. Only the portions of the testimony designated as Confidential Information within the thirty-day (30) period provided in this subsection (d) will be deemed Confidential Information, except as may be otherwise established by written Order of the Court or by written stipulation of the parties to the Litigation.
e. Confidential Information for Depositions: When Confidential Information is the subject of inquiry at depositions the portions of the transcripts which set forth or contain information about such Confidential Information shall be sealed and shall not be filed or ...