The opinion of the court was delivered by: The Honorable Alicia G. Rosenberg, U.S.M.J.
CONFIDENTIALITY PROVISION AND PROTECTIVE ORDER
Upon agreement by the parties appearing herein and pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court enters this Stipulated Protective Order to facilitate document disclosure and production under the Local Rules of this Court and the Federal Rules of Civil Procedure. Unless modified pursuant to the terms contained in this Order, this Order shall remain in effect through the conclusion of this litigation.
In Support of this Order, the Court finds that:
Documents or information containing confidential proprietary and business information and/or trade secrets ("Confidential Information") that bear significantly on the parties' claims or defenses is likely to be disclosed or produced during the course of discovery in this litigation;
The parties to this litigation assert that public dissemination and disclosure of Confidential Information could severely injure or damage the party disclosing or producing the Confidential Information and could place that party at a competitive disadvantage;
Counsel for the party or parties receiving Confidential Information may not presently have sufficient information to accept the representation(s) made by the party or parties producing Confidential Information as to the confidential, proprietary, and/or trade secret nature of such confidential Information; and
Upon agreement of the parties and to protect the respective interests of the parties and to facilitate the progress of disclosure and discovery in this case, the following Order is issued:
IT IS, THEREFORE, ORDERED THAT:
(a) Documents, discovery, discovery responses or depositions containing Confidential Information disclosed, produced or provided by any party in this litigation are referred to as "Protected Documents." Except as otherwise indicated below, all documents, discovery or depositions designated by the producing party as "Confidential" (or "Confidential Pursuant to Court Order") and/or "Attorneys' Eyes Only" which are disclosed or produced to the attorneys for the other parties to this litigation are Protected Documents and are entitled to confidential treatment as described below.
(b) A document may be designated "Confidential" when it is, or contains, information that a party or non-party believes in good faith to be confidential or sensitive information as such terms are used in Rule 26 (c) (1)(G) of the Federal Rules of Civil Procedure and any applicable case law interpreting Rule 26 (c) (1)(G)(or former Rules 26(c)(7)); and
(c) A document may be designated as "Attorneys' Eyes Only" when it fulfills the definition of "Confidential" and is, or contains:
(i) business strategies or other competitively sensitive, proprietary, technical or financial information which, if disclosed by the Receiving Party to third parties, would or could cause damage to a Producing Party's competitive position in the market(s) in which it operates;
(ii) confidential information of a third party that has, in good faith and consistent with this agreement, designated the ...