The opinion of the court was delivered by: The Honorable George H. King
Magistrate Judge John E. McDermott
[PROPOSED] PROTECTIVE ORDER FOR DISCOVERY AND DISCOVERY RELATED ISSUES ONLY.
Having reviewed the parties' Stipulation regarding confidentiality and for entry of this Order, and finding good cause therefore, it is hereby ORDERED that this Order shall govern the handling of documents, depositions, deposition exhibits, interrogatory responses, admissions, and any other information produced, given, or exchanged by and among the parties to this action in connection with discovery in the litigation thereof.
1. When used in this Stipulation and Order, the following words shall have the following meanings:
a. "Documents" means (1) all written, recorded or graphic matter whatsoever and information produced on computer disks or tapes, including all written materials, and (2) any copies, reproductions or summaries of the foregoing, including microfilmed, imaged or electronic copies.
b. "Discovery Materials" means (1) documents or other information produced by any party or third person, whether pursuant to the Federal Rules of Civil Procedure, by subpoena or by agreement, other than documents that are publicly available; (2) interrogatory or other discovery responses; and (3) deposition testimony of any party or third person taken in this action, exhibits thereto and/or any videos or transcripts thereof, whether in written or computer format, and all contents of the foregoing.
c. "Producing Party" means any party or third person producing discovery materials, whether pursuant to the Federal Rules of Civil Procedure, by subpoena, or by agreement.
d. "Disclose" (and any variant thereof) means to show, give, make available, reproduce, or communicate any discovery materials, or any part or content thereof.
e. "Confidential Discovery Materials" means any discovery materials that are designated in good faith as "Confidential" by any party or third person. Confidential Discovery Materials are those materials that constitute or contain trade secrets or other confidential research, development, or commercial information which may include proprietary information such as costs, pricing, budgets, customer lists and data, distributor lists and agreements, personnel files, and other private and personal information relating to employees, product formulations, manufacturing procedures and standards, financial data, identity of suppliers, identity of manufacturers, trade secrets, consumer data, confidential research, business plans, strategies and data, marketing plans and strategies, and any other confidential or proprietary information not shared or disclosed to third parties.
f. "Attorneys of Record" means attorneys of record for any of the parties to this action, members of the firm of the attorneys of record for the parties, and any in-house attorneys who are employed by the parties.
2. Any Confidential Discovery Materials produced by the producing party and designated as such shall be used solely for the purposes of this litigation, and shall not be used for any other legal action, except by agreement of the parties or subject to a Court Order. Nothing in this Stipulation and Order shall be construed as authorizing a party to disobey a lawful subpoena issued in another action.
3. Disclosure of Confidential Discovery Materials other than in accordance with the terms of this Stipulation and Order may subject the disclosing party to such sanctions and remedies as the Court may deem appropriate.
4. Subject to the terms, conditions, and restrictions of this Stipulation and Order, Confidential Discovery Materials may be disclosed only to the following persons and only to the extent such persons have a legitimate need to know the ...