The opinion of the court was delivered by: Hon. Frederick F. Mumm United States Magistrate Judge
Discovery Cut-Off Date: 03/31/11 Pre-Trial Conference
Trial Date: 08/02/11 Date: 06/13/11
1. PURPOSE AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information by parties and non-parties to this action for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as confidential. The parties further acknowledge, as set forth in Section 10, below, that this Stipulated Protective Order creates no entitlement to file confidential information under seal; the Federal Rules of Civil Procedure and Local Rules of this Court set forth the procedures that must be followed and reflect the standards that will be applied when a party seeks permission from the Court to file material under seal.
As used in this Stipulated Protective Order:
2.1 Party: means any party to this action, including all of its officers, directors, employees, consultants, retained experts, and outside counsel (and their support staff).
2.2 Disclosure or Discovery Material: means all items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or in response to discovery in this matter by any Party or non-party.
2.3 "Confidential" Information or Items: means information (regardless of how generated, stored, or maintained) that the Producing Party in good faith contends constitutes or contains information that is confidential, sensitive, competitive, or potentially invasive of an individual's privacy interests.
2.4 "Highly Confidential - Attorneys' Eyes Only" Information or Items: means extremely sensitive "Confidential" Information or Items whose disclosure to another Party or non-party would create a substantial risk of injury to the Producing Party that could not be avoided by less restrictive means, including, but not limited to, personnel or payroll data or information, commercial, pricing, costing, customer or marketing information relating to the Producing Party or the Producing Party's commercial products or planned commercial products, or technical and research information that is extremely sensitive.
2.5 Receiving Party: means a Party that receives Disclosure or Discovery Material from a Producing Party.
2.6 Producing Party: means a Party or non-party that produces Disclosure or Discovery Material in this action.
2.7 Designating Party: means a Party or non-party that designates information or items produced in disclosures or in response to discovery as "Confidential" or "Highly Confidential - Attorneys' Eyes Only."
2.8 Protected Material: means any Disclosure or Discovery Material that is designated as "Confidential" or as "Highly Confidential - Attorneys' Eyes Only."
2.9. Outside Counsel: means attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action.
2.10 House Counsel: means attorneys who are employees of a Party. 2.11 Counsel (without qualifier): means, collectively, Outside Counsel and House Counsel (as well as their support staffs).
2.12 Expert: means a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its Outside Counsel to serve as an expert witness or as a consultant in this action. This definition includes a professional jury or trial consultant retained in connection with this litigation.
2.13 Professional Vendors: means persons or entities that provide litigation support services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, or retrieving data in any form or medium; etc.) and their employees and subcontractors.
The protections conferred by this Stipulated Protective Order cover not only Protected Material (as defined above), but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by parties or Counsel to or in court or in other settings that might reveal Protected Material.
The provisions of this Order are retroactive to and including March 1,
2011. Even after the termination of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs.
5. DESIGNATING PROTECTED MATERIAL
5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or non-party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. A Designating Party must take care to designate for protection only those parts of materials, documents, items, testimony, or oral or written communications that qualify, so that other portions of the materials, documents, ...