The opinion of the court was delivered by: Magistrate Judge Andrew J. Wistrich
Gregory R. Oxford (# 62333) email@example.com ISAACS CLOUSE CROSE & OXFORD LLP 21515 Hawthorne Boulevard, Suite 950 Torrance, CA 90503 Telephone: (310) 316-1990 Facsimile: (310) 316-1330 Philip E. Holladay, Jr. (Admitted Pro Hac Vice) firstname.lastname@example.org Robert B. Friedman (Admitted Pro Hac Vice) email@example.com KING & SPALDING LLP 1180 Peachtree Street, NE Atlanta, GA 30309 Telephone: (404) 572-4600 Facsimile: (404) 572-5100 Attorneys for Defendant GENERAL MOTORS, LLC
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the documents and other information, including the substance and content thereof, designated by either Plaintiffs Granite State Insurance Company ("Granite State") and Federal Insurance Company ("Federal") or Defendant General Motors LLC ("GM LLC") as privileged, confidential, and/or proprietary, according to the terms and conditions of this order, and produced in response to any formal or informal request for discovery in this litigation, shall be subject to the terms of this Consent Protective Order of Confidentiality, as set forth below:
For purposes of this Order, "Confidential Information" means:
(a) those documents and written responses ("Writings") produced by any party in response to any formal or informal discovery request in this case which are specifically designated on the face of the writing with the words "SUBJECT TO PROTECTIVE ORDER" because the party has a good faith belief that the Writing: (i) would otherwise be protected by the attorney-client privilege or work-product doctrine but for the nature of this case; (ii) contains information that is private or confidential; or (iii) is or contains information that is proprietary or a trade secret;
(b) those pleadings or other papers served upon any party or filed under seal with the Court which are designated on the face of the Writing with the words "SUBJECT TO PROTECTIVE ORDER" because the party has a good faith belief that that the Writing: (i) would otherwise be protected by the attorney-client privilege or work-product doctrine but for the nature of this case; (ii) contains information that is private or confidential; or (iii) is or contains information that is proprietary or a trade secret;
(c) those pleadings or other papers filed with the Court that quote from Writings, pleadings or other papers that have been disclosed as "SUBJECT TO PROTECTIVE ORDER"; and
(d) those portions of any deposition transcripts or exhibits that have been designated as "SUBJECT TO PROTECTIVE ORDER" in accordance with the terms of this paragraph. Deposition transcripts or exhibits are designated as "SUBJECT TO PROTECTIVE ORDER" if: (i) Counsel for Granite State, Federal, or GM LLC orally designate certain testimony or exhibits as subject to this order on the record at a deposition; or (ii) within sixty (60) days after the initial receipt of a deposition transcript, counsel for Granite State, Federal, or GM LLC designate in writing, by specific page and line numbers, testimony or exhibits as subject to this order.
Except with prior written consent of counsel for the opposing party, Confidential Information may be shown or disclosed only to the following persons:
(a) Counsel in this action;
(b) Actual employees of counsel assigned to and necessary to assist counsel in the preparation of this action;
(c) Parties to this action; and
(d) Independent experts and consultants retained by counsel whose assistance is deemed necessary by counsel for the prosecution or defense of this action, and employees of such experts and consultants necessary to assist such persons in performing their duties, provided that such person has signed an affidavit in the form set forth as Exhibit "A" and that no confidential documents and information shall be disseminated to any expert or consultant:
(i) who is an employee of a direct business competitor of the party producing the information; or
(ii) who is employed by a direct business competitor of the party producing the information and who directly participates in design, manufacturing, marketing, or ...