The opinion of the court was delivered by: Honorable Judge Victor B. Kenton United States Magistrate Judge
A party to this action has moved that the Court enter a protective order. The Court has determined that the terns set forth herein are appropriate to protect the respective interests of the parties, the public, and the Court. Accordingly, it is ORDERED:
All documents produced in the course of discovery, including initial disclosures, all responses to discovery requests, all deposition testimony and exhibits, other materials which may be subject to restrictions on disclosure for good cause and information derived directly therefrom (hereinafter collectively "documents"), shall be subject to this Order concerning confidential information as set forth below. As there is a presumption in favor of open and public judicial proceedings in the federal courts, this Order shall be strictly construed in favor of public disclosure and open proceedings wherever possible. The Order is also subject to the applicable rules of procedure and local rules on matters of procedure and calculation of time periods.
2.Form and Timing of Designation.
A party may designate documents as confidential and restricted in disclosure under this Order by placing or affixing the words "CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER" on the document in a manner that will not interfere with the legibility of the document and that will permit complete removal of the CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER designation. Documents shall be designated CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER prior to or at the time of the production or disclosure of the documents. The designation "CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER" does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order.
3.Documents Which May be Designated
CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER. Any party may designate documents as CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER upon making a good faith determination that the documents contain information protected from disclosure by statute or that should be protected from disclosure as confidential personal information, medical or psychiatric information, trade secrets, personnel records, or such other sensitive commercial information that is not publicly available.
Deposition testimony shall be deemed CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER only if designated as such within 30 days of receipt of the deposition transcript, in writing. Such designation shall be specific as to the portions of the transcript or any exhibit to be designated as CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER. Thereafter, the deposition transcripts and any those portions so designated shall be protected as CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER, pending objection, under the terms of this Order.
5.Protection of Confidential Material.
(a) General Protections. Documents designated CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER under this Order shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in ¶5(b) for any purpose whatsoever other than to prepare for and to conduct discovery and trial in this action, including any appeal thereof.
(b) Limited Third-Party Disclosures. The parties and counsel for the parties shall not disclose or permit the disclosure of any CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER documents to any third person or entity except as set forth in subparagraphs (1)-(5). Subject to these requirements, the following categories of persons may be allowed to review documents that have been designated CONFIDENTIAL
Counsel (or the parties and employees and agents of counsel) who have responsibility for the preparation and trial of the action;
Parties and employees of a party to ...