STIPULATED PROTECTIVE ORDER GOVERNING TREATMENT OF MATERIALS PRODUCED IN DISCOVERY
Pittsburgh, PA ("National Union"), through their undersigned counsel, subject to the approval of the Court, that the following Stipulated Protective Order shall govern the designation, disclosure, and use of information, documents, or things produced or exchanged during discovery of this matter captioned action and shall govern all documents or other materials exchanged, produced or disclosed in this action by any party to this action, including third parties.
2. As used herein, "document" means any transcript of deposition or hearing, exhibit, declaration, affidavit, pleading, motion, and other documents and things, and all information obtained by an inspection or copying of any program, process, technique, plan, drawing, document, procedure or other tangible thing from which information can be obtained or translated.
3. Any party may designate any information (regardless of how generated, stored or maintained) or tangible things that qualify for protection under standards developed under Rule 26(c) of the Federal Rules of Civil Procedure that party considers in good faith to contain confidential, trade secret, technical, financial, and/or proprietary business information as confidential information ("Confidential Information") subject to the terms of this Order by stamping such document "CONFIDENTIAL," or by advising the other parties in writing that documents bearing specified production numbers, transcripts, or other pleadings or papers filed or served in this action are confidential. The parties may make such a designation at the time such documents, or copies thereof, are delivered to the receiving party, or within ten (10) days thereafter in the event such labeling or marking is inadvertently omitted.
4. Any document that has been or will be designated in good faith by either party as Confidential Information in accordance with Paragraph 2 above, and any information in such documents, shall not be disclosed to any person by non-designating counsel, except disclosure may be made to:
IT IS HEREBY STIPULATED AND AGREED, by and between the parties, Seagate Technology, LLC ("Seagate") and Defendant National Union Fire Insurance Company of
1. This Stipulated Protective Order ("Order") shall apply in the above- for each party, to the extent disclosure to such officer, director, or employee is deemed necessary by counsel for the prosecution or defense of this action, if such officer, director, or employee has signed an acknowledgement as set forth in Paragraph 6 below; prosecuting or defending this action, and their employees; party for the purpose of preparing demonstrative or other exhibits for depositions, hearings, trial 9 or other proceedings in this action, and employees of outside copy services retained for the purpose of producing documents in this action, if such employees have signed an acknowledgment as set forth in Paragraph 6 below;
d. Any person who testifies at a deposition or hearing in this action, except that such person may only be shown Confidential Information during his or her deposition or hearing testimony and may not retain any Confidential Information;
e. Outside consultants or experts retained to assist counsel in this action, if such consultants or experts have signed an acknowledgment as set forth in Paragraph 6 below; and course of this action shall be used by the party to whom the information is produced or disclosed solely for the purpose of this action, and for no other purpose. Any party who receives Confidential Information from another party may only use such information in accordance with the terms of this Order.
6. In no event shall any Confidential Information be disclosed to any person identified in Paragraphs 4.a, 4.c, and 4.e , above, until such person has executed a written acknowledgment agreeing to be bound by the terms of this Order in the form set forth in Exhibit A hereto ("Acknowledgment"). The original of the Acknowledgement shall be maintained by the 28 non-disclosing party.
b. Outside counsel retained by the parties for the purpose of
c. Employees of graphics or design services retained by counsel for a f. Court and Court personnel.
5. All Confidential Information produced, disclosed or exchanged in the
7. If a question is asked at a deposition that calls for the disclosure of Confidential Information, the witness shall answer the question unless instructed not to do so on 3 grounds of privilege, but the only persons who may be present when the question is answered are persons qualified to receive Confidential Information pursuant to the terms of this Order.
Counsel may designate the deposition testimony as Confidential Information by: (a) identifying such testimony on the record at the deposition; or (b) within 15 calendar days after receipt of the deposition transcript, notifying counsel for the other party of the designation in writing. All transcripts of depositions shall be treated as Confidential Information ...