The opinion of the court was delivered by: Honorable Jacqueline Chooljian
CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER
The parties, Plaintiff Wineesa Cole ("Plaintiff") and Defendants Asurion Corporation, Asurion Insurance Services, Inc. and T-Mobile USA, Inc. ("Defendants"), through their respective counsel of record, hereby stipulate as follows:
1. This Confidentiality Stipulation and Protective Order ("Protective Order") shall govern all answers, documents and other discovery materials -- including, but not limited to, documents as that term is defined in Federal Rules of Evidence, deposition transcripts, answers to interrogatories and any other written, electronic or recorded material -- produced by any party and/or non-party to the above-entitled Action in response to any discovery requests made therein.
2. Whenever, in the opinion of (a) any party to this Action, responding to any discovery request, or (b) any non-party to this Action responding to a subpoena, such response would reveal information which such party (hereinafter "the designating party")in good faith believes to constitute confidential commercial information or a trade secret of such a nature that the disclosure of such material could have a negative competitive impact, the designating party shall have the right to designate such information as "CONFIDENTIAL" (hereinafter "CONFIDENTIAL MATERIAL" or "CONFIDENTIAL"). Such designation must occur within 5 days of the discovery response.
3. The party to whom such CONFIDENTIAL MATERIAL is disclosed (hereinafter the "receiving party") and its attorneys shall maintain the CONFIDENTIAL MATERIAL pursuant to the terms of this Protective Order.
4. The designation of CONFIDENTIAL MATERIAL shall be made by marking the first page of a document wherein such CONFIDENTIAL MATERIAL is contained with the word "CONFIDENTIAL." Any document, answer to an interrogatory, answer to request for admissions, or any portion of any deposition transcript containing a designation of "CONFIDENTIAL" information contained therein, and any copies, summaries, charts or notes made therefrom, shall be deemed CONFIDENTIAL MATERIAL and shall be treated as such pursuant to the terms of this Protective Order.
5. With respect to the examination of witnesses upon oral deposition, when CONFIDENTIAL MATERIAL is supplied and/or when the deponent's testimony contains CONFIDENTIAL MATERIAL, the reporter shall be informed of this Protective Order by the party seeking confidentiality and will be required to operate in a manner consistent therewith. The reporter shall place on the cover of any deposition transcript which contains any CONFIDENTIAL MATERIAL the words "CONTAINS CONFIDENTIAL MATERIAL." Counsel for the respective parties to this Action shall take appropriate steps to prevent any portions of any deposition transcript designated "Confidential" from being disclosed to any person except as provided in this Stipulated Protective Order.
6. CONFIDENTIAL MATERIAL may, for the purpose of this Action, be disclosed only to
a. the undersigned attorneys, including such attorneys' professional, stenographic, paralegal, clerical and other employees who have direct, functional responsibility for the preparation and trial of this Action, which is defined as Cole v. Asurion Corporation, et al.;
b. persons who are employed or otherwise bound by counsel to furnish expert, consultant or litigation support services, to give expert testimony, or otherwise to aid in the preparation for trial of this Action, provided that prior to such disclosure such person to whom disclosure of CONFIDENTIAL MATERIAL is to be made shall acknowledge and confirm by way of a Declaration, in the form of Exhibit A hereto, that he or she has read this Protective Order and agrees to comply with its terms;
c. the Court as set forth in this Protective Order;
d. a deponent during the deponent's deposition in this Action, or to any witness during the witness' testimony in this action;
e. the parties, or such officers or employees of the receiving party who are responsible for making or recommending decisions about this Action, or whose expertise is ...