The opinion of the court was delivered by: Sandra M. Snyder Judge of the United States District Court, Eastern District
STIPULATION AND PROTECTIVE ORDER REGARDING PRODUCTION OF CONFIDENTIAL/PROPRIETARY INFORMATION AND COURT ORDER REGARDING SAME
Plaintiffs OCTAVIO ALVARADO, PABLO MARTINEZ, OMAR GOMEZ, DANIEL GOMEZ, JOSE DE JESUS GARCIA, ("Plaintiffs") and Defendants REX NEDEREND and SHERI NEDEREND (dba "Northstar Dairy", "Wildwood Farms" "Freeway Associates") ("Defendants"), by and through their respective attorneys of record hereby agree as follows:
WHEREAS, in their discovery requests, Plaintiffs have requested documents from Defendants that Defendants consider to be confidential, proprietary and trade secret documents notwithstanding that such documents may have some relevance to the litigation. Defendants are willing to produce relevant confidential, proprietary and trade secret documents provided that such documents are protected from unauthorized and/or unnecessary disclosure. Therefore, the parties agree to enter into this Stipulated Protective Order.
The parties acknowledge that during this litigation there may be additional confidential documents sought by one party from the opposing party that must be protected from unnecessary and/or unauthorized disclosure, so it is hereby agreed that this Stipulated Protective Order shall cover all confidential documents produced by either party in this case;
IT IS THEREFORE STIPULATED, pending further order of the Court, that the following procedures designed to ensure the protection of confidential information shall govern all forthcoming pre-trial discovery proceedings, applicable to any production from this date forward, subject to Federal Rule of Civil Procedure 26(c)(1):
1. Any party, before providing documents in discovery, may designate the material as "confidential" under this Stipulated Protective Order by prominently marking it as "confidential."
2. A party seeking to designate as "Confidential" any document shall notify the other party by labeling the document as "Confidential" on the face of the document when it is produced.
3. Except persons and entities listed in paragraph 6 below, documents or other information designated as subject to this Protective Order shall not be disclosed or shown to any other person or entity unless or until the side wishing to make such disclosure informs the other side and gives them a reasonable time to object of not less than thirty (30) calendar days. In the event of objection, the parties' respective counsel of record will make a good faith effort to resolve the dispute informally before filing any motion with the above-entitled Court relating to said dispute. If an objection is made in writing, the document shall not be disclosed until the Court has issued a decision determining that disclosure of the document is appropriate.
4. A party may also designate as "Confidential" any information set forth in the transcript of any deposition of a party in this action, by identifying the material sought to be kept confidential before the transcript is finalized, and by arranging for appropriate treatment of the confidential portions of the transcript.
5. Social Security numbers may be redacted from any document produced. 6. Any document designated as "confidential" may be shown, or its contents disclosed only to the following persons:
(a) Counsel of record in this action and counsel's agents and employees;
(b) Any expert used as a consultant or intended to be called as a witness who is retained by counsel of record to assist in the preparation and/or trial of this case;
(c)The parties to this action; (d) The Court and its personnel; and (e) Court reporters, their staffs, and professional vendors to whom disclosure is reasonably necessary for this litigation (subject to 20 days notice to opposing party/counsel for vendors)
7. Confidential information designated as subject to this Stipulated Protective Order or any information derived therefrom shall be used solely for the purpose of assisting counsel of record in connection with this litigation ...