The opinion of the court was delivered by: The Honorable Robert N. Block
Honorable David O. Carter
STIPULATED PROTECTIVE ORDER
(Joint Stipulation for Entry of Protective order and Declaration of Michael P. Wolf lodged concurrently herewith) Action filed: June 4, 2008 Trial Date: January 19, 2010
It is hereby ordered that the terms and conditions of this Stipulated Protective Order ("Protective Order" or "Order") shall govern the handling of documents, answers to interrogatories, depositions, pleadings, exhibits, computer readable data storage media and all other information exchanged by the parties in this action, or provided by or obtained from non-parties in this action.
It is hereby ORDERED as follows:
1.Applicability of Protective Order: This Order shall be applicable to and govern all depositions, documents, information or things produced by a party or third party in connection with this litigation in response to requests for production of documents, answers to interrogatories, responses to request for admissions, answers to deposition questions and all other discovery taken pursuant to the Federal Rules of Civil Procedure or other information that the Disclosing Party designates as "CONFIDENTIAL INFORMATION" or "ATTORNEYS' EYES ONLY INFORMATION" (or a reasonably similar designation) furnished, directly or indirectly, by or on behalf of any party or any non-party witness as part of discovery in this action. As used herein, "Disclosing Party" shall refer to the parties to this action and to third parties that give testimony or produce documents or other information, and "Receiving Party" shall refer to the parties to this action and to third parties that receive such information.
2. Definitions: For purposes of this Order, "CONFIDENTIAL INFORMATION" means any information that a party or third party in good faith reasonably believes contains trade secret or other confidential, competitive or proprietary business information used by it in, or pertaining to, its business which the party or third party takes appropriate efforts to keep confidential or which the party is otherwise required to keep confidential by agreement or law.
"ATTORNEYS' EYES ONLY INFORMATION" shall include and be limited to any information, document, or thing, or portion of any document or thing that contains highly sensitive business or personal information, the disclosure of which is highly likely to cause significant harm to an individual or to the business or competitive position of the designating party. "PROTECTED INFORMATION" means "CONFIDENTIAL INFORMATION" or " ATTORNEYS' EYES ONLY INFORMATION."
3. Persons With Access to "ATTORNEYS' EYES ONLY INFORMATION": Except as set forth below, in the absence of written permission from the Disclosing Party or third party, or an order from the Court, information designated as "ATTORNEYS' EYES ONLY INFORMATION" shall be used solely for the purposes of this action, may not be disclosed to any employee of a party and may be disclosed only to the following persons:
a. Counsel: Counsel of record in this action, and paralegal assistants, technical, administrative and clerical employees working under the direct supervision of such attorneys;
b. Outside Experts and Consultants: Any outside expert or consultant, whether testifying or non-testifying, who is expressly retained or sought to be retained by any attorney described in paragraph 3(a) to assist in preparation of this action for trial, and qualified according to paragraph 5 below, with disclosure only to the extent necessary to perform such work;
c. Court Reporters: Any interpreter, videographer, or court or other shorthand reporter or typist translating, recording or transcribing testimony that includes "PROTECTED INFORMATION";
d. Authors and Recipients: Any person whom the document sought to be disclosed to that person indicates on its face is an author or authorized recipient of the document;
e. The Court: Personnel of the Court and all appropriate courts of appellate jurisdiction; and
f. Any other person agreed to by the parties in writing;
g. Required Undertakings: "ATTORNEYS EYES ONLY INFORMATION" shall not be disclosed to persons described in paragraphs 3(b), (c) and (f) unless and until such person has executed an Agreement in the form attached hereto as Exhibit A, and such Agreement has been served on counsel for all parties.
4. Persons With Access to CONFIDENTIAL INFORMATION":
Except as set forth below, in the absence of written permission from the Disclosing Party, or an order of the Court, information designated as "CONFIDENTIAL INFORMATION" shall be used solely for the purposes of this action and may be disclosed only to the following persons:
a. Any person having access to "ATTORNEYS' EYES ...