The opinion of the court was delivered by: Honorable Manuel L. Real United States District Judge
1. The following procedure shall govern the production of all materials during discovery in this action, including, but not limited to, answers to interrogatories, requests for admissions, all documents produced by parties or non- parties, responses to subpoenas duces tecum, deposition testimony, and information contained therein, and information provided during any settlement discussions (hereinafter collectively the "discovery materials") that are designated as confidential pursuant to paragraph 2 below, including all copies, excerpts, summaries and information derived from them (collectively "confidential materials").
2. Any party or non-party producing discovery materials may designate discovery materials as "Confidential." As a general guideline, information or materials designated as "Confidential" shall be those things that may be disclosed to the parties for the purposes of this litigation, but which must be protected against disclosure to third parties.
3. Any party or non-party who produces documents or computer media or gives testimony in this action may designate information as "Confidential" in the following manner:
A. Designation of Documents: Any "document" (defined herein as including, but not limited to exhibits, documents and things, including prototypes and samples, answers to discovery such as interrogatories and responses to requests for admission, motions, briefs, memoranda, deposition or hearing transcripts and oral answers to deposition questions, and copies of any of the foregoing) produced or given by any party during discovery, hearings or trial in this case which sets forth or contains any "Confidential" information (as defined above) may be designated by a party or other producing party with the notation that it is "Confidential." The notation "Confidential" shall be placed on every page of each document so designated.
B. Designation of Computer Media: Any "Confidential" information produced on magnetic disks or other computer-related media may be designated as such by labeling each disk "Confidential" prior to production. In the event a receiving party generates any "hard copy" or printout from any such disks, that party must immediately stamp each page "Confidential" and the hard copy or printout shall be treated as provided herein for such categories.
C. Designation of Deposition Testimony: Deposition testimony may be designated "Confidential" by oral designation on the record, or within ten (10) days after the transcript of such deposition is made available to the designating party. The person making the designation shall instruct the court reporter to separately bind the portions of the deposition transcript so designated, and to stamp the words "Confidential" on each page of the transcript as appropriate. Pending expiration of this ten (10) day period, all parties shall treat the testimony and exhibits as if such materials had been designated as "Confidential."
4. A party may, at any time, serve written notice of its objections to the designation of any discovery materials as confidential materials. The parties shall then informally attempt to resolve their dispute. If they are unable to do so, the party challenging the designation shall bring a motion for an order that the discovery materials at issue not be so designated. During the pendency of the motion, the discovery materials at issue shall be treated in accordance with their designation.
5. Confidential materials may not be disclosed except as set forth in Paragraph 6 below. Confidential materials shall be used solely for the purposes of this litigation and shall not be used for any business or other purpose. The restrictions on use of confidential materials set forth in this Order shall survive the conclusion of the litigation, and, after conclusion of this litigation, the Court shall retain jurisdiction for the purpose of enforcing this Order.
6. Confidential materials may be disclosed only to the following:
A. Counsel of record for any party to this action, including in-house counsel for the parties;
B. Paralegal, stenographic, clerical, and secretarial personnel regularly employed by counsel listed in (A) above;
C. Court personnel, including stenographic reporters engaged in such proceedings as are necessarily incident to preparation for trial and trial of this action; and
D. Any consultant or expert, not including a party to this action, retained in connection with this action, provided that each such person first acknowledges in writing, under oath, that he or she has read this Order and agrees to be bound by its terms. This acknowledgment shall be ...