STIPULATION AND PROTECTIVE ORDER
WHEREAS, the parties recognize that preparation and trial of this action will require the discovery of records and other materials from defendant Dana Corporation which contain confidential business, commercially sensitive or proprietary information that cannot be disclosed, except in a highly restricted fashion. The parties desire to litigate this action without jeopardizing Dana Corporation's business, commercial or proprietary interests in the confidentiality of this information; and
WHEREAS, the parties have agreed that a Protective Order should govern the production and use of Dana Corporation's confidential business, commercially sensitive or proprietary information.
NOW THEREFORE, Plaintiff, Stonington Insurance Company, and Defendant Dana Companies LLC, by and through their counsel, stipulate as follows:
1. Dana Corporation shall have the right to designate as "CONFIDENTIAL" any document, interrogatory answer, response to request for admission, deposition or other testimony that it gives or produces in this case, provided that it concerns, non public information, including design and manufacturing records, research and development information, commercial information relating to competitive consideration, or any other non- public, proprietary or confidential business information. Any documents or information designated as "CONFIDENTIAL" (hereinafter "Confidential Material") shall have the legend "CONFIDENTIAL" placed on it and thereafter shall be treated pursuant to the provisions of this Stipulated Protective Order.
2. This Stipulated Protective Order shall govern Confidential Material produced or disclosed by Dana Corporation in response to formal or informal discovery conducted in this matter. Nothing in this Stipulated Protective Order shall be deemed to preclude Dana Corporation's right to:
(a) oppose discovery on grounds not addressed under the terms of this Stipulated Protective Order; or
(b) object on any ground to the admission of any Confidential Material into evidence at trial or in law and motion matters. Further, nothing contained in this Stipulated Protective Order shall prejudice the right of any party to contest the alleged relevancy, admissibility, or discoverability of the Confidential Material sought.
3. Confidential Material shall be used by the parties and their counsel solely for the purpose of conducting the above-captioned litigation and shall not be communicated at any time, in any manner, directly or indirectly, to anyone other than a person qualified under the terms of this Stipulated Protective Order, as set forth in paragraph 4, below. The attorneys of record for the parties are responsible for employing adequate and reasonable measures to ensure compliance with this Stipulated Protective Order.
4. Prior to trial, access to Confidential Material and to the information contained therein (including extracts and summaries derived from such material) shall be restricted to the following Qualified Persons:
a. The attorneys working on this action on behalf of the parties, and their employees or agents working on this action; b. The parties, their employees, officers and agents who are working on this action and whose assistance is required in the preparation of this matter for trial;
c. Experts and consultants who are employed or retained by any of the parties or their counsel, provided that they may not retain the Confidential Material after that use has ended, and further provided that such experts and consultants are advised of the existence of this Stipulated Protective Order and given an opportunity to read it, and agree to treat such Confidential Material in accordance with its terms;
d. Deposition witnesses, provided that they are advised of the existence of this Stipulated Protective Order and given an opportunity to read it, and agree to treat such Confidential Material in accordance with its terms;
e. The Court and its support personnel and court reporters; and
f. Any person designated by mutual agreement of the parties, or by the court in the interest of justice, upon such ...