The opinion of the court was delivered by: Honorable John E. McDermott
[Assigned to Hon. John E. McDermott for discovery matters]
DISCOVERY MATTER [PROPOSED] ORDER RE STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER
Complaint Filed: January 19, 2011
Removal Date: March 4, 2011
Trial Date: March 13, 2012
WHEREAS, the Court may enter a protective order upon a showing of good cause; and
WHEREAS, the parties anticipate that discovery will require production of documents and information that one or more of the parties regards as sensitive business information, financial information, confidential personnel information, trade secrets, medical information, and other confidential and proprietary information and that disclosure of this information to competitors and the general public would be prejudicial and detrimental to the parties, and litigation over claims of confidentiality would unduly consume the resources and time of the Court and parties; and
WHEREAS, the parties believe in good faith that certain documents which the parties intend to produce in this litigation may be classified as described above, specifically information regarding defendant ARAMARK Sports, LLC's ("ARAMARK") employment practices liability insurance policy and/or internal documents regarding its policies, practices, or strategies, as well as plaintiff David Alas' ("Plaintiff") medical history, and financial documents or records that may be of a personal and confidential nature; and
WHEREAS, the parties only seek to stipulate and enter into a protective order that is limited to the discovery as described in this Stipulation.
IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and ARAMARK and by and between their undersigned counsel of record, that this Court, subject to the Court finding good cause pursuant to Federal Rules of Civil Procedure Rule 26(c), enter the following Stipulation of Confidentiality and Protective Order with respect to pre-trial discovery:
1. Plaintiff and ARAMARK shall have the right to limit access to any document produced in discovery or other item relevant to this litigation, including without limitation, answers to interrogatories and any portion of deposition testimony or other testimony by a witness, to the counsel for the parties.
2. Such documents or other tangible items must be designated by conspicuously stamping the words "COUNSEL ONLY" on each page of the designated material or by notifying the other party in writing of the material to be considered so designated. Should counsel for either party anticipate that material designated "COUNSEL ONLY" may be used at a deposition or mediation, counsel will contact opposing counsel and discuss the parameters for the use of "COUNSEL ONLY" material. Counsel for the parties agree to attempt to resolve any issues regarding "COUNSEL ONLY" documents without requiring the intervention of the Court. With regard to testimony, a party may limit access to such testimony to the parties' counsel by notifying the other party of the portion of testimony to be designated on the record at the deposition or in writing no later than fourteen (14) days after the transcript is received.
3. Information designated for "COUNSEL ONLY" shall not be disclosed or disseminated to anyone, except:
a. the counsel for any party, and the employees of such counsel to whom it is necessary that the information be disclosed for purposes of this litigation only; or
b. any outside expert engaged by a party for the purposes of assisting in the preparation of this litigation, provided, however, that no such information shall be disseminated to any expert who is currently employed by a direct business competitor of a party or its affiliates subject to review by the Court; or
c. any person who was involved in the preparation of the document or information; or
d. any person, entity, or firm with the prior written consent of all parties.
4. Plaintiff and ARAMARK shall also have the right to designate as
CONFIDENTIAL any information produced or transcribed in this action, including, but not limited to, deposition testimony, interrogatory answers, tangible items, documents, copies thereof, and any extracts, abstracts, charts, summaries or notes made there from. Such information may at the instance of either party be deemed CONFIDENTIAL and subject to the restrictions set forth herein. Categories of such CONFIDENTIAL information include, but are not limited to, medical and psychological information/records, insurance information, financial information, account numbers, social security numbers, personal ...