The opinion of the court was delivered by: Hon. David O. Carter
Gail J. Standish (SBN: 166334) firstname.lastname@example.org Peter E. Perkowski (SBN: 199491) email@example.com Drew A. Robertson (SBN: 266317) firstname.lastname@example.org WINSTON & STRAWN LLP 333 S. Grand Avenue Los Angeles, CA 90071-1543 Telephone: (213) 615-1700 Facsimile: (213) 615-1750 Dennis D. Murrell (pro hac vice) email@example.com Robert J. Theuerkauf (pro hac vice) firstname.lastname@example.org MIDDLETON REUTLINGER 2500 Brown & Williamson Tower 401 S. Fourth Street Louisville, Kentucky 40202-3410 Telephone: (502) 584-1135 Facsimile: (502) 561-0442 Attorneys for Plaintiff and Counterclaim Defendants
NOTE: CHANGES MADE BY THE COURT
STIPULATED PROTECTIVE ORDER
Note changes to protective order at Paragraph 11. Under seal filings governed by Local Rule 79-5.
The parties to this action having determined that certain documents, testimony, or information produced or given during discovery in these proceedings may constitute commercial, financial, trade secret and/or other proprietary information which should be kept confidential in order to protect the legitimate business interests of the parties, their customers and business associates, nonparties, and other persons, and to expedite the discovery process and permit it to proceed without delay occasioned by disputes regarding such claims of confidentiality. Therefore, pursuant to Fed. R. Civ. P. 26(c), the parties, by counsel, jointly move for entry of the within Order.
IT IS HEREBY STIPULATED by the attorneys for the parties, subject to the approval of the Court, that:
1. Scope of Order. This Order governs the treatment of documents, depositions, deposition exhibits, deposition transcripts and deposition videos, interrogatory answers, responses to requests to admit and other written, recorded, computerized, electronic or graphic matter, or other information ("Discovery Material") produced by any party or any nonparty who agrees to the terms of this Order (the "Producing Person") in the above-captioned Action that is designated confidential by the Producing Person in accordance with the procedures set forth below.
2. Designation of "Confidential' or "Highly Confidential-Attorneys' Eyes Only" Matter. A Producing Person producing Discovery Material to any other party (the "Inspecting Party") pursuant to formal or informal discovery (including but not limited to Fed. R. Civ. P. 30, 31, 33, 34 and 36) may designate only such portion of such Discovery Material as "Confidential" that contains or would otherwise disclose information of a non-public nature which the Producing Person believes in good faith to be a trade secret or other confidential research, development, or commercial information. A Producing Person producing Discovery Material to any Inspecting Party may designate only such portion of such Discovery Material as "Highly Confidential-Attorneys' Eyes Only" that contains or discloses information that the producing party deems to be particularly sensitive personal, business or financial information, the disclosure of which beyond the persons to whom disclosure is allowed in this Order the Producing Person believes, in good faith, could result in business or personal harm. Discovery Materials designated by a nonparty may be designated by that nonparty as "Confidential" or "Highly Confidential-Attorneys' Eyes Only" without regard to the source of that material. In the alternative, Discovery Materials produced by a nonparty that are the "Confidential" or "Highly Confidential-Attorneys' Eyes Only" materials of any Party may be designated as so by that Party. Such designations may only be made when the Producing Person has a good-faith basis for considering the Discovery Material to constitute "Confidential" or "Highly Confidential-Attorneys' Eyes Only" Discovery Material. All Discovery Material so designated as either "Confidential" or "Highly Confidential-Attorneys' Eyes Only" and all information derived therefrom shall be referred to in this Order as "Confidential Discovery Material" and shall be treated in strict accordance with the terms of this Order.
3. Designation of Confidential Discovery Material. The designation of Confidential Discovery Material shall be made by marking the cover page with a stamp containing the words "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY" or by designating such information as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY" by description in discovery responses or in correspondence accompanying the discovery responses or documents. With respect to multi-page documents that contain "Confidential" or "Highly Confidential-Attorneys' Eyes Only" information, the designation may be made by marking only the first page thereof "Confidential" or "Highly Confidential-Attorneys' Eyes Only" so long as such multi-page documents are securely bound. With respect to Confidential Discovery Material in computerized, video or electronic format, the Producing Person may inform the Inspecting Party in writing of its designation as Confidential Discovery Material. The Inspecting Party shall treat any printouts of such material in accordance with the treatment afforded Confidential Discovery Material elsewhere in this Order. With respect to deposition transcripts, the Producing Person may, on record of a deposition, or within 21 business days after receipt of the final of each volume of transcript of such deposition and/or video thereof, designate any portion or portions of such transcript and/or video thereof, including exhibits, as Confidential Discovery Material under the terms of this Order. Until such time period elapses, the entire volume of the deposition transcript (and any draft transcripts) shall be treated as "Highly Confidential-Attorneys' Eyes Only" unless otherwise specified in writing or on the record of the deposition by the Producing Person. All copies of deposition transcripts and/or videos thereof that contain Confidential Discovery Material shall be prominently marked "Confidential" or "Highly Confidential-Attorneys' Eyes Only" on the cover and/or label thereof and, if filed with the Court, the portions of such transcripts and/or videos so designated shall be filed under seal.
4. Prior Production of Confidential Discovery Material. "Confidential" or "Highly Confidential-Attorneys' Eyes Only" treatment may be claimed for Discovery Material produced prior to the entry of this Order either by (a) providing counsel for Inspecting Party with new copies that have been stamped "Confidential" or "Highly Confidential-Attorneys' Eyes Only" or (b) providing counsel for the Inspecting Party with a written description of those documents for which "Confidential" or "Highly Confidential-Attorneys' Eyes Only" treatment is desired and the request that counsel for the Inspecting Party treat any such documents and summaries thereof as "Confidential" or "Highly Confidential-Attorneys' Eyes Only."
5. Inadvertent Production of Confidential or Highly Confidential-Attorneys' Eyes Only Matter. In the event any Producing Person discovers that it has inadvertently produced Confidential Discovery Material to an Inspecting Party without correctly designating such material as "Confidential" or, "Highly Confidential-Attorneys' Eyes Only" the Producing Person may thereafter claim "Confidential" or "Highly Confidential-Attorneys' Eyes Only" treatment for the Confidential Discovery Material by notifying the Inspecting Party in writing of the inadvertent disclosure and identifying the Confidential Discovery Material for which "Confidential" or "Highly Confidential-Attorneys' Eyes Only" treatment is claimed, and the parties shall thereafter treat such documents or information in accordance with this Order.
6. Inadvertent Production of Privileged or Protected Documents. Any discovery documents produced in this litigation may be later designated as "Attorney-Client Privilege" or "Attorney Work Product" promptly upon discovery by the Producing Person that any such privileged or protected document was produced through inadvertence, mistake or other error, and no waiver of privilege or immunity shall be deemed to have occurred. Upon such designation, the Inspecting Party shall promptly collect all such documents and copies thereof and return them to the Producing Person. Notwithstanding the foregoing, the Inspecting Party reserves the right to contest the assertion of privilege or other protection with respect to any document.
7. Use of Confidential or Highly Confidential-Attorneys' Eyes Only Matter. Except with the prior written consent of the Producing Person or other person designating Discovery Material as "Confidential" or "Highly Confidential-Attorneys' Eyes Only," no such stamped or designated material may be disclosed to any person except as hereinafter provided. Confidential Discovery Material shall be used only for the prosecution and/or defense of the above-captioned action or any appeals therefrom, and may be disclosed only under the circumstances and to the persons specifically provided for in this or subsequent Orders of the Court, or with the express written consent of the Producing Person with respect to specifically identified Confidential Discovery Material, and shall not be used or employed for any other purpose whatsoever; provided, however, that nothing herein is intended to waive any objections to the admissibility or discoverability of any Discovery Material in this or any other action or proceeding or any other objections to such Discovery Material or the production thereof. Further, nothing in this Order shall be ...