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Marcia Bloemendaal and David Notrica, On Behalf of Themselves and All Others Similarly Situated v. Morgan Stanley Smith Barney LLC

December 14, 2010


The opinion of the court was delivered by: The Honorable Paul L. Abrams United States Magistrate Judge


Good Cause Statement: Plaintiff Marcia Bloemendaal, Plaintiff David Notrica and Defendant Morgan Stanley Smith Barney LLC (collectively "Stipulating Parties"), through their respective counsel of record acknowledge and agree that the prosecution and defense of this action is likely to require the exchange of Confidential Information (as that term is defined below) the public disclosure of which would cause irreparable harm to the Stipulating Parties, including but not limited to former and current employees' personnel data (including information related to termination of employment); employee financial information such as brokerage account statements, information concerning trading activity and pricing information for individual brokerage accounts; compensation information, and proprietary compensation plans. The Stipulating Parties agree that public disclosure of Confidential Information may violate former and current employees' right of privacy by disclosing their private personnel and financial data. In addition, public disclosure of Confidential Information may also cause financial harm and injury to Morgan Stanley Smith Barney LLC's ability to compete in the marketplace by disclosing trade secret, proprietary and commercial information that is not otherwise available to the public. Morgan Stanley Smith Barney LLC treats its Confidential Information in a confidential manner and has policies in place to limit the disclosure of this information.

As such, good cause appearing, the Court hereby approves and enters this Protective Order relating to the use of private and confidential information, stipulated, consented to and agreed by the Stipulating Parties, through their respective counsel of record:

1. That the preparation and trial of this action may require the discovery or disclosure of documents, information or other material claimed by one or more of the parties to this action or others to be confidential.

2. In order to expedite the flow of discovery materials, facilitate the prompt resolution of disputes over confidentiality, adequately protect material entitled to be kept confidential, and serve the ends of justice, a protective order for such information is prudent and necessary.

3. Any Stipulating Party may designate as "Confidential" any documents or other information that contains "Confidential Information," as that term is defined in Paragraph 4 below, that a Stipulating Party has kept secret or confidential, or information which, if disclosed, could place a Stipulating Party at a competitive disadvantage in the marketplace or cause disclosure of private information. Documents, depositions, and interrogatory responses or other papers shall be designated confidential by stamping the word "Confidential" on each page of the document containing confidential information or by a Stipulating Party advising the other Stipulating Party in writing that such documents are deemed to be confidential.

4. "Confidential Information" includes documents or other information relating to trade secrets, proprietary or other confidential commercial information that belongs to Morgan Stanley Smith Barney LLC ("MSSB"), including the following specific categories of documents: (1) documents that reveal confidential employee information such as name, address, telephone number, salary, compensation, commission or asset information, trading activity, or demographic or other personal information; (2) documents that reveal financial or personal information regarding MSSB's clients; (3) and documents that reveal confidential financial or commercial information regarding Morgan Stanley's business that is not available to the public or Morgan Stanley's competitors. "Confidential Information" also includes private and confidential documents or information relating to Marcia Bloemendaal, David Notrica or past and present employees of MSSB, including private personnel or financial information. Execution of this protective order shall not waive any right otherwise available to the Stipulating Parties to object to the production of any such requested information on privacy, attorney-client privilege, attorney work product, relevancy or other grounds when the parties deem such an objection to be necessary or appropriate.

5. Neither the provisions of this Stipulated Protective Order, nor any designation or failure to designate any particular information, document or material by a party as Confidential Information shall, in this litigation or any other litigation, constitute a waiver of the rights of a party to assert confidentiality with respect to any document, material or information meeting the definition of Confidential Information in Paragraph 4 above. Upon discovery of an inadvertent or otherwise non-designation, the discovering party will immediately notify the opposing party and the information, document or material identified will be treated as if it had been originally designated as Confidential Information and will be subject to the terms of this Stipulated Protective Order.

6. All Confidential Information provided by the parties pursuant to discovery or otherwise obtained in the course of this litigation shall be treated as confidential and shall not be disseminated to any person not directly connected with this specific litigation. Specifically, all Confidential Information listed in Paragraph 4 that is obtained through discovery or otherwise from the parties in this case shall not be disclosed to anyone other than:

(a) retained and corporate attorneys for any Stipulating Party who are engaged in litigating this action and the employees of such attorneys;

(b) persons not employees of any Stipulating Party who serve as experts or consultants ("outside experts") to assist such Stipulating Party's counsel in the prosecution or defense of this action, including, but not limited to statisticians, economists, attorneys and other experts, and the employees of such persons;

(c) a Stipulating Party, or principals, officers, employees, agents or representatives of any Stipulating Party whose assistance or consultation is required by counsel in connection with the prosecution or defense of this action;

(d) potential witnesses in connection with this litigation;

(e) the Court and mediators, and the personnel of any ...

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