The opinion of the court was delivered by: Hon. Percy Anderson United States District Judge
[PROPOSED] REVISED PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION [REC. DOC. NO. 14]
Pre-Trial Conference: January 20, 2012 Jury Trial: February 21, 2011 Location: Courtroom 15 Considering the stipulation entered into by the parties on June 29, 2011, concerning the revision and supplementation of the Protective Order Concerning Confidential Information [Rec. Doc. No. 14], the Court enters the following revised protective order in substitution for the previously entered protective order:
1. In connection with discovery proceedings in this action, the parties may designate any document, thing, material, testimony or other information derived therefrom, as "Confidential" under the terms of this Protective Order (hereinafter "Order"). Confidential information is trade secrets, proprietary information, and other highly confidential commercial information, or material required to be kept confidential by state or federal law.
2. By designating a document, thing, material, testimony or other information derived therefrom as "Confidential" under the terms of this Order, the party making the designation is certifying to the Court that there is a good faith basis in law and in fact for the designation within the meaning of Federal Rule of Civil Procedure 26(g).
3. Confidential documents shall be so designated by stamping copies of the document produced to a party with the legend "CONFIDENTIAL." Stamping the legend "CONFIDENTIAL" on the cover of any multipage documents shall designate all pages of the document as confidential, unless otherwise indicated by the producing party.
4. Testimony taken at a deposition may be designated as confidential by making a statement to that effect on the record at the deposition. Arrangements shall be made with the court reporter taking and transcribing such deposition to separately bind such portions of the transcript containing information designated as confidential, and to label such portions appropriately.
5. Material designated as confidential under this Order, the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as confidential (hereinafter "Confidential Material") shall be used only for the purpose of the prosecution, defense, or settlement of this action, and for no other purpose.
6. Confidential Material produced pursuant to this Order may be disclosed or made available only to the Court, to counsel for a party (including the paralegal, clerical, and secretarial staff employed by such counsel), to officers, directors or employees of a party who are involved in the prosecution or defense of this litigation, to auditors, reinsurers or regulators who request access to Illinois Union files containing or reflecting Confidential Material, and to the "qualified persons" designated below:
(a) experts or consultants (together with their clerical staff) retained by such counsel to assist in the prosecution, defense, or settlement of this action;
(b) court reporter(s) employed in this action;
(c) a witness at any deposition or other proceeding in this action; and
(d) any other person as to whom the parties in writing agree.
Prior to receiving any Confidential Material, each "qualified person" shall be provided with a copy of this Order and shall execute a nondisclosure agreement in the form of Attachment A, a copy of which shall be provided forthwith to counsel for each other party and for the parties.
7. Only qualified persons and other persons allowed access to Confidential Material pursuant to paragraph 6 above may attend depositions at which ...