The opinion of the court was delivered by: The Honorable Jacqueline Chooljian United States Magistrate Judge
STIPULATED PROTECTIVE ORDER
1. WHEREAS, the parties believe that discovery in this action will involve production by the parties of documents, information, materials, or testimony containing or concerning confidential, personal, financial, competitively sensitive, or proprietary business information of defendant CRST VAN EXPEDITED, INC. (hereinafter "Defendant"), and plaintiffs JACK RAY MORRISON and STEVE CARSON, individually and on behalf of all others similarly situated (hereinafter "Plaintiffs"), or other third parties, or other information which otherwise may be confidential;
2. WHEREAS, the parties have met and conferred with one another in good faith and agree that a stipulated protective order is necessary to protect confidential, personal, and proprietary information;
3. WHEREAS, in the absence of a protective order, confidential, proprietary, and private information regarding Defendant's business operations and/or employees may be made public through this judicial proceeding; and
4. WHEREAS, the parties thus agree that in order to conduct meaningful discovery in accordance with the Federal Rules of Civil Procedure, a stipulated protective order is necessary for this matter.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and Defendant, and by and between their undersigned counsel, that:
5. All discovery in this action produced by one party to the other, including but not limited to documents, deposition testimony and exhibits, interrogatory responses, responses to requests for admissions, responses to demands for inspection, and any summaries or descriptions of such documents and information produced or provided by any party or other person in responses to a subpoena or discovery request in this action (hereinafter "Discovery Materials") shall be used by the receiving party solely and exclusively for purposes of this litigation and shall be used by the receiving party for no other purpose.
6. The following Discovery Materials shall be treated by the receiving party as "Confidential" subject to this Stipulated Protective Order:
(a) Any and all documents constituting, regarding, pertaining to, or concerning proprietary, financial, personnel or other confidential material.
(b) Private information regarding, pertaining to, or concerning Defendant's current and former employees, including but not limited to home addresses, home telephone numbers, social security numbers, driver's license numbers, and date of birth information.
7. Any party may in good faith designate as Confidential, and subject to this Stipulated Protective Order, any document, information, or material that is either: (i) produced during discovery proceedings in this action; (ii) included in documents filed with this Court; or (iii) generated by a party in this action.
8. Acceptance by any party of discovery material designated as "Confidential" shall not constitute a concession that any such discovery material is appropriately so designated.
9. Documents and other discovery materials may be designated as "Confidential": (i) by affixing a legend to every page of the document at the time of production; (ii) by agreement in writing between the producing and receiving parties at any time; (iii) with respect to deposition testimony, in accordance with the procedures set forth in Paragraph 10 below; or (iv) with respect to motion papers, in accordance with the procedures set forth in Paragraph 11 below. If the designation in question is disputed by the receiving party, then the receiving party shall so notify the designating party in writing. Any disputes between counsel regarding the scope of Confidential material will be resolved by the Court. Upon the request of any counsel, counsel agree to meet promptly to review and resolve informally issues centering on Confidential material. If the parties are unable to resolve their dispute, then either party may move the Court for an order approving or removing the Confidential designation, and the non-moving party may oppose such motion. The designated material shall be deemed Confidential until the issue is resolved by the Court.
10. Any person giving deposition testimony in this action may, directly or through counsel, designate his or her testimony or any portion thereof (including exhibits), whether or not previously designated as Confidential, as Confidential by advising the court reporter and all parties of such fact on the record during the deposition, or in writing at any time up to and including the seventh day after the date of receipt of the deposition transcript. Deposition testimony shall automatically be deemed to be Confidential subject to the terms of this Order until the end of the seventh day after the date of receipt of the deposition transcript. All copies of deposition transcripts designated as or containing Confidential material shall be prominently marked "Confidential" on the cover thereof. If this designation is disputed by the receiving party, then the receiving party shall so notify the designating party in writing. The deposition testimony in dispute shall remain Confidential subject to the terms of this Order. If the parties are unable to ...