STIPULATION AND ORDER REGARDING CONFIDENTIAL MATERIALS
Plaintiff Guillermo Nava ("plaintiff") and defendant Lydian Private Bank ("defendant") (collectively "the parties" or individually "party") have stipulated that disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Order.
1. Designation of Materials as Confidential. All documents produced in the course of discovery, initial disclosures, all answers to interrogatories, all answers to requests for admission, all responses to requests for production of documents, all affidavits, briefs and pleadings, and all deposition and trial testimony and deposition and trial exhibits, shall be subject to this Order concerning confidential information, as set forth below. The designation of confidential information shall be made by placing or affixing on the document, in a manner which will not interfere with its legibility, the word "CONFIDENTIAL."
(a) "Confidential," for the purposes of this Order, means:
(i) "Trade secret," as set forth in the Uniform Trade Secrets Act, meaning information, including a formula, pattern, compilation, program, device, method, technique, or process that:
(A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy;
(ii) Non-public communications with regulators or other governmental bodies that are kept confidential and/or are protected from disclosure by statute or regulation;
(iii) Information, materials, and/or other documents reflecting non-public business or financial strategies, and/or confidential commercial information for which the designating party has taken reasonable measures to maintain their confidentiality and non-public status; and
(iv) Information subject to federal or state privacy rights.
One who provides material may designate it as Confidential only when such person in good faith believes it contains Confidential information. A party designating information as Confidential should take reasonable care to designate only those materials, documents, items, or oral or written communications that the party reasonably believes to qualify for protection -- so that other portions of the materials, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order. A designating party must take reasonable care to avoid unjustified mass or routinized designations and indiscriminate designations. If it comes to a party's or a non-party's attention that information or items that it designated for protection do not qualify for protection initially asserted, that party or non-party should promptly notify all other parties that it is withdrawing the mistaken designation.
Except for documents produced for inspection at the party's facilities, the designation of Confidential information shall be made prior to, or contemporaneously with, the production or disclosure of that information. In the event that documents are produced for inspection at the party's facilities, such documents may be produced for inspection before being marked Confidential. Once specific documents have been designated for copying, any documents containing Confidential information will then be marked Confidential after copying but before delivery to the party who inspected and designated the documents. There will be no waiver of confidentiality by the inspection of Confidential documents before they are copied and marked confidential pursuant to this procedure.
(b) When Confidential information is incorporated into a transcript of a deposition, hearing, trial or other proceeding, including exhibits, the party asserting that the information or disclosure is confidential shall, with the cooperation of all other parties, shall take reasonable steps to identify on the record before the close of the deposition, hearing, or other proceeding, the scope of any Confidential information in the testimony and make arrangements with the court reporter during the course of such deposition or other proceeding to label the transcript or exhibits as "CONFIDENTIAL". If a significant portion of the testimony contains what the designating party deems to be Confidential information, the transcript as a whole may be marked "CONFIDENTIAL."
If, however, only part of the testimony is Confidential, the designating party shall inform the court reporter of the specific pages to be marked "CONFIDENTIAL" within (30) days of receipt of the original or a copy of the transcript. If a party does not designate any part of the transcript as "CONFIDENTIAL" during the deposition, hearing or other proceeding, a party may still designate, in writing, such transcripts, portions thereof, or exhibits as "CONFIDENTIAL" within thirty (30) days after receipt by the designating party of the original or a copy thereof. Only those portions of the testimony that are appropriately designated for protection within the 30 days shall be covered by the provisions of this Order. If designation is made during the 30-day period after receipt of the transcript, all parties in possession of the transcript at the time of receiving the designation or thereafter shall place the label "CONFIDENTIAL" on the transcript pages that have been identified as containing Confidential information, on each or all of the exhibits so designated, and on each copy thereof, upon notice that the Confidential designation has been made. Nothing in this subparagraph waives a party's right to challenge the designation of the transcript or any part thereof, pursuant to paragraph 5, however.
(c) With respect to Confidential information at trial, any party may move the Court for an order that Confidential material be received in camera or under other conditions to prevent unnecessary disclosures. The Court will then determine whether the proffered evidence should continue to be treated as Confidential information and, if so, what protection, if any, may be afforded to such information at trial.
(d) Information or documents designated as Confidential under this Order shall not be used or disclosed by the parties or counsel for the parties or any persons identified in subparagraph (e) below for any purposes whatsoever other than preparing for and conducting the litigation in which the information or documents were disclosed (including appeals). The parties shall not disclose information or documents designated as Confidential to putative class members not named as plaintiffs in putative class litigation unless and until one or more classes has/have been certified.
(e) The parties and counsel for the parties shall not disclose or permit the disclosure of any documents or information designated as Confidential under this Order to any other person or entity, except that ...