The opinion of the court was delivered by: Robert N. Block United States Magistrate Judge
[CLASS ACTION] [PROPOSED] PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION
Courtroom: 10D Courtroom: 6D Trial Date: Not set Complaint Filed: January 22, 2009
Judge: Andrew J. Guilford
Magistrate Judge: Robert N. Block
After considering all papers filed in support of, and in opposition to, Defendant's Request for a Protective Order Regarding Confidential Information, and upon good cause shown, IT IS HEREBY ORDERED as follows:
1. When used in this Protective Order, the word "documents" shall have the full meaning ascribed to the term "writings" as set forth in Federal Rule of Evidence 1001(1) and shall include, without limitation, all originals written, recorded or graphic matters and all copies thereof.
2. All Confidential Discovery Materials (as defined below in paragraph 5) produced through formal discovery procedures in this action shall be used solely for the prosecution and/or defense of any action between defendant and plaintiff. Any person who has been provided Confidential Discovery Materials in this action shall maintain them in a reasonably secure manner so as to avoid disclosure of their contents.
3. Any document or portions thereof, testimony or other information produced in this action through formal discovery procedures by a party (collectively "Discovery Materials") may be designated "Confidential" by the producing party who has maintained them in a confidential manner and believes in good faith that there is good cause for confidential treatment of the Discovery Materials pursuant to the applicable provisions of the Federal Rules of Civil Procedure or other applicable law.
4. Discovery Materials may also be designated "Attorneys' Eyes Only" by the producing party who has maintained them in a confidential manner and believes in good faith, under applicable law, that the documents and/or testimony is among that considered to be most sensitive and highly confidential by that party. Defendant's documents identified as "Attorneys' Eyes Only" shall be limited to any contracts, including all amendments, endorsements, and appendices, between defendant and any insurance company and/or surety, and materials relating to its marketing/advertising strategy and expenditures and defendant's financial records and related information. If defendant believes that it is necessary to designate any documents other than those identified above as "Attorney Eyes Only," then defendant must meet and confer with plaintiff prior to such designation. If plaintiff does not agree to such designation, then defendant must seek leave of Court.
5. Discovery Materials designated "Confidential" or "Attorneys' Eyes Only" shall be referred to herein as "Confidential Discovery Materials." Materials provided by one party to the other informally in the course of this action may be brought within the terms of the Protective Order by written notification to counsel receiving such Materials at the time of any such exchange.
6. The "Confidential" designation provided for in paragraph 3 of this Protective Order or "Attorneys' Eyes Only" designation provided for in paragraph 4 of this Protective Order may be made at or prior to the time of production of documents by stamping the word "Confidential" or "Attorneys' Eyes Only" on each page of the matter disclosed or conspicuously on the front of other media containing information (e.g., CD or DVD), or, in the case of depositions, as provided in paragraph 7 below. Inadvertent failure to designate materials as "Confidential" or "Attorneys' Eyes Only" at the time of production may be remedied thereafter by written notice of supplemental production of the Discovery Materials with the "Confidential" or "Attorneys' Eyes Only" designation. Upon the service of such notice and supplemental production, the Discovery Materials shall be subject to the Protective Order as if the materials had been initially designated as "Confidential" or "Attorneys' Eyes Only."
7. A party may also, in good faith under applicable law, designate as "Confidential," as that term is defined in paragraph 3 above, or "Attorneys' Eyes Only," as that term is defined in paragraph 4 above, that portion of any deposition testimony deemed to contain Confidential Discovery Material by advising the court reporter and counsel of record at the beginning and ending of the testimony containing the confidential information, either orally at the deposition or in writing no later than the earlier of 20 days after the date on which the transcript is received from the court reporter or 10 days before the date on which the transcript is to be filed with the Clerk of the Court. Until the above specified period expires, counsel for the parties shall treat the entire transcript as Confidential Discovery Material. At the request and expense of either party at any time prior to the preparation of the deposition transcript, the reporter shall mark the face of the transcript to designate the beginning and ending of the Confidential and/or Attorneys' Eyes Only portions and, at the request of the designating party, shall prepare a separate original transcript containing the Confidential and/or Attorneys' Eyes Only material. Copies of the transcript for counsels' use may contain both the confidential testimony and other testimony in a single volume.
8. The disclosing party shall have the right to exclude from attendance at said deposition during such time as information designated "Attorneys' Eyes Only" is to be disclosed to any person other than the deponent, counsel, the court reporter, and a person permitted access pursuant to paragraph 10 below who has signed a Certificate of Compliance, attached as Exhibit "A."
9. No Discovery Materials designated as "Confidential" shall be disclosed directly or indirectly, by the party receiving such information in ...