The opinion of the court was delivered by: Philip S. Gutierrez United States District Judge
[PROPOSED] PROTECTIVE ORDER GOVERNING PRODUCTION OR OTHER DISCOVERY OF CONFIDENTIAL INFORMATION
IT IS HEREBY ORDERED that,
This Confidentiality Order (the "Order") shall govern the designation and handling of documents, records, or information containing or concerning confidential or proprietary non-public, commercial, financial, trade secret and/or private information produced in this lawsuit, whether produced by COLTON CRANE COMPANY, LLC (hereinafter "Plaintiff"), TEREX CRANES WILMINGTON, INC. and KOEHRING CRANES, INC. dba TEREX CRANES-WAVERLY OPERATIONS (hereinafter "Defendants"), or by third parties.
The following definitions shall apply in this Stipulation:
A. "Party" shall mean a party to this action;
B. "Confidential Information" shall mean any trade secrets, confidential commercial or financial information not previously made available to the public which any Party contends is subject to protection pursuant to the Stipulation and this Order, including, but not limited to:
1. Information or Documents or individual pages thereof (and the information contained therein) that are designated as "Confidential" by any Party or that reveal a trade secret or other confidential research, development, or commercial or proprietary information of any Party; and
2. All information in Documents made available by any Party for review by a Receiving Party prior to copying and production. Copies of Documents produced to a Receiving Party shall be designated as described in paragraph II;
C. "Documents" as used herein shall mean written records and other tangible or graphic material or things that are discoverable pursuant to Rule 34 of the Federal Rules of Civil Procedure.
D. "Receiving Party" shall mean a Party to this action to whom Documents and/or information containing Confidential Information are Disclosed; and
E. "Disclose" shall mean to reveal, provide, describe, or make known Confidential Information to any person..
F. "Disclosing Party" shall mean a Party or any other person or entity producing Documents, information or other materials in this action, who Discloses any information or Document containing Confidential Information.
G. "Authorized Personnel" of a Party means managers, directors, members or other employees whose access to Confidential Information is required to evaluate the case or prepare the case for trial.
II. A Disclosing Party shall stamp "Confidential" on all copies of Documents that they deem to contain Confidential Information. The claim of confidentiality shall be made at the time the Documents are produced. When any Document is designated "Confidential" pursuant to the Stipulation and this Order, any Party utilizing such Document shall also stamp "Confidential" to the cover of any such Document and to any page therein containing Confidential Information. In the event that a Disclosing Party should inadvertently fail to designate Confidential Information as "Confidential," within ten (10) days of discovery of the failure to designate that information "Confidential" the Disclosing Party may designate such information as "Confidential," and the information shall be considered Confidential Information from that day forward. Deposition testimony or any portion thereof may be designated Confidential Information on the record at the deposition or in a letter to all counsel sent within twenty (20) days after receipt of the deposition transcript. Until this twenty-day period expires, all deposition testimony shall be considered Confidential Information. Those pages of Interrogatory responses with answers containing Confidential Information shall be separated from other interrogatory answers with a page break, and those pages containing Confidential Information shall be marked "Confidential."
III. Confidential Information shall be used only for the purposes of this action, and preparation for trial; Confidential Information shall not be used for any other purpose, including other litigation,. and shall be treated as Confidential by all Parties for purposes of, and pursuant to, the Stipulation and this Order.
A. Except as otherwise provided herein, Confidential Information may be Disclosed by the ...