The opinion of the court was delivered by: Hon. Marc L. Goldman United States Magistrate Judge
Having considered the Parties' Joint Stipulation for Protective Order, and good cause appearing therefore; the Court hereby orders the following:
Whereas, the parties agree that the discovery phase of the above-entitled action may include the disclosure of confidential, private, proprietary or competitively sensitive information.
Whereas, it is the parties' intention to provide a mechanism by which full discovery of all relevant information may be obtained in a manner which protects all parties from the risk of disclosure of confidential information to third parties.
Whereas, CONFIDENTIAL means and includes information contained or disclosed in any deposition testimony or exhibits, interrogatory responses, responses to requests for admissions, responses to demands for inspection, and/or documents produced by the parties to this action or by any third party that constitutes confidential proprietary contractual documents not generally available to the public, other confidential proprietary commercial information, private medical information regarding individuals not a party to this action, or private personnel records regarding individuals not a party to this action.
Whereas, the parties stipulate that any party to this Order may reasonably and in good faith designate portions of a deposition transcript as CONFIDENTIAL, provided such designation is made on the record during the deposition or within thirty (30) calendar days after receipt of the deposition transcript. Further, any party to this Protective Order may reasonably and in good faith designate written discovery responses, documents, or other information as CONFIDENTIAL provided such designation is stamped on the documents and/or made in writing concurrently with the production of such documents, or within thirty (30) calendar days after receipt of such documents.
Whereas, any party not in agreement with the designation of testimony, written discovery responses, documents, or other information as CONFIDENTIAL may object to the designation. The objecting party will notify, in writing, Counsel for the designating party of the objected-to materials and the grounds for the objection. If the dispute is not resolved consensually between the parties within fourteen (14) calendar days of receipt of such a notice of objections, the objecting party may move the Court for a ruling on the objection. The materials at issue will be treated as CONFIDENTIAL, as designated by the designating party, until the Court has ruled on the objection or the matter has been otherwise resolved.
Whereas, documents, testimony and other information designated as CONFIDENTIAL will not be disclosed by the receiving party to anyone other than those persons designated herein and will be handled in the manner set forth below and, in any event, will not be used for any purpose other than in connection with this litigation, unless and until such designation is removed either by agreement of the parties, or by order of the Court.
Whereas, testimony, written discovery responses, documents, or other information designated CONFIDENTIAL shall be held in strict confidence and shall be disclosed only to:
(a) Attorneys of record, in-house counsel of any party, and their respective legal assistants and staff;
(b) Parties to this action;
(c) Court reporters and interpreters of sworn proceedings;
(d) Non-party expert witnesses or consultants retained solely for the purpose of this litigation; and
(e) Third-party witnesses to this action.
The documents and any information contained therein shall not be disclosed to any other individual or entity other than the Court, the jury or ...