The opinion of the court was delivered by: Morrison C. England, JR United States District Judge
STIPULATION AND PROTECTIVE ORDER
Upon the consent of the parties to this action, as evidenced by their signatures below, it is hereby ordered that:
1. The term "Documents" as used in this Order shall mean all written, recorded (including electronically recorded), or graphic matter whatsoever. Such materials shall include, but not be limited to: interrogatory answers; responses to requests for admissions; responses to requests for production of documents; documents produced or served by any party or non-party in this action, whether pursuant to any rule, subpoena, or agreement; deposition transcripts and exhibits, physical objects or things as may be appropriate for the implementation of the purposes of this Order; and any papers, including court papers, which quote from, summarize, or refer to any of the foregoing.
2. A producing entity may designate as "Confidential" any Document or any portion thereof that contains or reflects trade secrets or other sensitive non-public information, including information for which the producing entity reasonably believes confidentiality is necessary to protect a party or person from embarrassment, oppression, undue burden or expense, threats, harassment, or reprisals ("Confidential Document"). An entire Document shall not be designed as "Confidential" if only a reasonably segregable portion thereof contains information that the producing entity reasonably believes should be kept confidential.
3. All Confidential Documents produced in the course of the proceedings herein, and all information derived therefrom -- including, but not limited to, extracts, summaries, memoranda, and correspondence quoting or containing information from Confidential Documents -- (collectively "Confidential Information") may be used only for the purpose of preparing for and conducting discovery and pre-trial proceedings, and for no other purpose. If a Document contains both Confidential Information and non-Confidential Information, this restriction shall apply only to the Confidential Information in the Confidential Document.
4. Except as otherwise provided in this Order, no person shall be permitted to have access to Confidential Information, nor shall any person be informed of the substance of the Confidential Information, by any person permitted to have access thereto, except as provided in this Order, or otherwise agreed upon by the entity producing such material, or by order of the Court.
5. Confidential Information shall not be disclosed or distributed to any person or entity other than the following: a. the parties and the attorneys for the parties in this action (including their paralegals, clerical, and other assistants) who have a clear need therefore in connection with this action; and outside contractors hired to copy, image, index, sort, or otherwise manage the storage and retrieval of case materials; b. persons retained by a party or outside counsel to serve as expert witnesses or otherwise to provide advice to counsel in connection with this action (referred to as "consultants"), provided such persons have signed a declaration under penalty of perjury in the form annexed hereto attesting to the fact that they have read this Order and agree to be bound by its terms; c. stenographers engaged to transcribe depositions conducted in this action; and d. the Court and its support personnel.
6. If a Party files with the Court a document that quotes from or refers to specific identifying information another party has designated as Confidential Information, that portion of the filed document shall be treated as Confidential Information. If a party files with the Court a document that summarizes or aggregates information another party has identified as Confidential Information, the filing party may seek written consent from the producing party or a ruling from the Court that the summary or discussion of aggregated information is not Confidential Information. Until there is such written consent or a Court Order, the summary or aggregated information shall be treated as Confidential Information.
7. During any deposition noticed in connection with this case, any counsel may indicate on the record that a question calls for Confidential Information, or that an answer has disclosed Confidential Information. Such Information must be so designated during the deposition, in which case the transcript of the designated testimony shall be bound in a separate volume and marked "Confidential Information." When such designation is made during a deposition, upon the request of counsel, all persons, except persons entitled to receive the Confidential Information pursuant to this Order, shall leave the room where the deposition is proceeding until completion of the answer or answers containing Confidential Information.
8. Persons described in paragraph five (5) above shall be restricted to using Confidential Information only for purposes directly related to this action and not for any other litigation, proceeding, business, commercial, competitive, personal, or other purpose. Photocopies of documents containing such information shall be made only to the extent necessary to facilitate the permitted use hereunder.
9. Confidential Information shall not be disclosed to any person or persons under subparagraph 5(b), unless and until such person has been shown this Protective Order and has agreed in writing to be bound by its terms, by subscribing to a document in the form of the "Acknowledgement" attached hereto as Appendix A. A copy of each executed Acknowledgement shall be kept by counsel for the party on behalf of which disclosure is made pursuant to paragraph 5 until thirty days after the termination of this action, including appeals.
10. All Confidential Information that is filed with the Court, and any pleadings, motions, exhibits, or other papers filed with the Court disclosing Confidential Information, shall be filed under seal and kept under seal until further order of the Court. The parties agree, where practicable, to designate only the confidential portions of filings with the Court to be filed under seal. The parties shall file, on the public ECF system, redacted versions of any pleadings, motions, exhibits, or other papers filed with the Court, removing any and all Confidential Information. Counsel shall also file, under seal, a reference list, containing all of the redacted Confidential Information. To facilitate compliance with this Order by the Clerk's office, the reference list shall be contained in a sealed envelope bearing the designation "Confidential" on its front face. In addition, the envelope shall bear the caption of the case, shall contain a concise description of the document to which the reference list relates for docketing purposes that does not disclose the sensitive information, and shall state thereon that it is filed under the terms of this Order.
11. Reference lists and any other Confidential Information filed under seal with the Court shall be served on each counsel of record at the same time it is filed with the Court. Reference lists and any other Confidential Information filed under seal before the effective date of this Order shall be served on each counsel of record within three days of the issuance of this order.
12. This Order shall not preclude any party from seeking a ruling from the Court regarding the validity or propriety of any claim of confidentiality asserted by a producing entity. a. In the event that the party to whom information is disclosed or produced objects to the designation by the producing entity of any document or discovery materials as "Confidential," that party's counsel shall advise counsel for the producing entity in writing of the objection and identify the document or material with sufficient specificity to permit the other to identify it. b. Within three (3) business days of receiving this written objection, the producing entity shall advise in writing whether the "Confidential" designation will be removed. If the producing entity continues to assert the "Confidential" designation, the parties shall meet and confer at 2:00 PM eastern time on the second business day following service of the response of the objections to the designation, unless otherwise agreed by all counsel designated as Points of Contact. c. If the appropriate designation cannot be resolved, then the dispute may be presented to the Court by motion or otherwise. Any motion to remove a "Confidential" designation shall be served within three business days of the meet and confer, any opposition within three business days of service of the motion to compel, and any reply within two business days of service of opposition papers. During the pendency of any such dispute, the ...