The opinion of the court was delivered by: Hon. Jacqueline Chooljian United States Magistrate Judge
STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION [CROSS-REFERENCING ERRORS CORRECTED IN PARAGRAPH 6, PAGE 5, LINES 22, 24]
Pursuant to the Stipulation of the Parties, good cause appearing therein, IT IS HEREBY ORDERED, as follows:
Designation of Discovery Material as Confidential
1. The term "Discovery Material" includes, but is not limited to, the following materials: documents, tangible things, deposition testimony and transcripts thereof, interrogatory responses, responses to requests for admissions, or responses to requests for production that are (a) served or produced by a party to the above-captioned action "(Action"), or (b) produced by a non-party to this Action pursuant to a subpoena or other request, formal or informal.
2. The terms "document" and "electronically stored information" ("ESI") are defined as provided in Federal Rule of Civil Procedure 34(a)(1)(A). A draft or non-identical copy shall be considered a separate document.
3. A party or non-party may designate Discovery Material as "confidential" using the procedures in Paragraph 4, below, but may only use this confidential designation when the Discovery Material is or contains confidential or proprietary information, which may include but is not limited to: personal, personnel, financial, compensation, trade secrets, competitively sensitive, proprietary, customer, client, investor, or other non-public information. This itemized list is not exhaustive and the parties may supplement or amend this list in good faith.
4. The process for designating Discovery Material as "confidential" is as follows:
a. Except as noted below at Paragraph 4(b), Discovery Material shall be designated as confidential by affixing the appropriate stamp with the word "CONFIDENTIAL" on each page of the document (in a manner that will not interfere with legibility) before copies thereof are delivered to another party.
b. ESI that is produced in its native format shall be designated as confidential by affixing the appropriate stamp with the word "CONFIDENTIAL" on the medium containing the ESI (including, e.g., tapes, CDs and DVDs) before copies are delivered to another party and on any corresponding placeholder provided in static format.
c. Interrogatory responses, responses to requests for admission, or responses to requests for production may be designated as confidential by typing, writing or affixing the appropriate stamp with the word "CONFIDENTIAL " immediately in front of the interrogatory responses, responses to requests for admission, or responses to requests for production before copies thereof are served on another party.
d. Portions of depositions may be designated as confidential after transcription, provided written notice of such designation is given to all counsel of record within 14 days after notice by the court reporter of the completion and availability of the deposition transcription. A party or non-party designating a portion of any deposition transcript as confidential must identify the page and line number of the designated testimony in the deposition in the transcript in the written notice to the other parties and any non-parties who are the subject of the designated testimony. A party or non-party designating audio/video-cassettes (or other storage media) containing deposition testimony as confidential (not otherwise transcribed) shall note the start time and end time of the designated testimony in the video in the written notice to the other parties and any non-parties who are the subject of the designated testimony.
e. Deposition testimony, transcripts, and audio/video recordings conducted during pretrial discovery in this Action shall be presumptively treated as confidential for a period of 14 days after transmission of such deposition, testimony, transcript, or audio/video recordings to allow time for the deponent, a party, or any non-parties who are the subject of the testimony to notify the parties or non-parties of a confidential designation. Any portion of deposition testimony, transcript, and audio/video recordings which is not designated as confidential within 14 days after transmission of such deposition testimony, transcript, or audio/video recordings shall not be treated as confidential.
Authorized Use of Confidential Discovery Material
5. All persons obtaining access to Discovery Material produced in this Action may use such Discovery Material for the purpose of this Action only and not for any other purposes. Provided, however, nothing in this Protective Order shall limit or restrict a party's right to use Discovery Material or any information properly and lawfully obtained independent of discovery in this Action in any manner that the party deems appropriate.
6. Discovery Material designated as "CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER" may be disclosed only to the following entities or persons:
a. The Court and Court personnel, including secretarial or other clerical personnel, stenographers or other persons involved in taking, transcribing, or recording testimony in this Action, and jurors;
b. A court of competent jurisdiction in a proceeding by a party made in connection with this Action (e.g., a subpoena, FOIA request, or similar discovery request made to obtain Discovery Material for use in this Action) provided that the party disclosing the Discovery Material designated ...