The opinion of the court was delivered by: Honorable Frederick F. Mumm United States Magistrate Judge
[PROPOSED] ORDER RE: STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY NOTE CHANGES MADE BY THE COURT
Based on the Stipulated Protective Order entered into by and between Supreme FoodService GmbH ("Plaintiff and Counter-Defendant ") and Fluor Intercontinental, Inc., Fluor Federal Services, and Fluor Corporation ("Defendants and Counter-Claimants") and for good cause shown:
IT IS HEREBY ORDERED THAT:
1. The Stipulated Protective Order is approved.
2. In the course of this action, the parties may propound discovery that seeks information that is regarded by at least one party hereto as sensitive, proprietary, trade secret or otherwise confidential (the "Confidential material" or "Confidential information").
3. A party's assent to this Protective Order shall not be deemed an admission that any discovery propounded is appropriate or that any other party's information is truly sensitive, proprietary, trade secret or otherwise confidential, but merely that such other party regards the information so designated as such.
4. The parties hereto agree that the Confidential material obtained through the pre-trial phase of this action should be protected from unwarranted use or disclosure to third parties and shall be used solely for the purposes of this litigation.
5. This Protective Order shall govern the handling of all documents and information exchanged during the course of this litigation that a party designates as "Confidential" or "Confidential -- Attorneys' Eyes Only".
5. Designation of Material
5.1 Any party to this action, and any non-party from whom discovery is sought in connection with this action, may designate as "Confidential" or "Confidential -- Attorneys' Eyes Only" any documents, things, discovery responses, trial or deposition testimony, or other material that contains information, within either of the above designations, as hereinafter defined.
5.2 Any party or non-party may designate as "Confidential" any document or portion thereof that contains or discloses any of the following:
(a) Nonpublic inside information, private individual financial information, confidential and/or commercially sensitive information, personnel files and other sensitive or proprietary information, including, but not limited to, information that has not been made public or disclosed to third parties and that concerns or relates to the process, operations, type of work or apparatus, or to the production, sales, shipments, purchases, transfers, identification of customers, inventions, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or other organization, the disclosure of which information may have the effect of causing harm to the competitive position of the person, firm, partnership, corporation or organization from which the information is obtained; and (b) Information that the party or non-party is under a duty to preserve as confidential under an agreement with or other obligation to another person.
5.3 Any party or non-party may designate as "Confidential -- Attorneys' Eyes Only" any document or portion thereof that contains or discloses any sensitive Confidential information that any party to the litigation or any producing party contends contains trade secrets, business strategies or other sensitive, proprietary, private or financial information, which, if disclosed to third parties, would or could cause damage to a party's competitive position in the market(s) in which the party operates.
5.4 The terms "Confidential material" and "Confidential information" as used in this Protective Order shall refer to the original and copies of any so designated document, deposition (FFM) testimony or other discovery material, and shall also refer to the information contained in such material. All notes, extracts and summaries of such Confidential material shall be considered confidential and be subject to the terms of this Protective Order.
5.5 In designating information as "Confidential" or "Confidential -- Attorneys' Eyes Only," (a) a party or non-party entity shall make such a designation only as to material that the party or non-party entity in good faith believes constitutes matter used by it in, or pertaining to, its business and is not generally known or otherwise available to the public, which the party or non-party entity would normally not reveal to third parties or would cause third parties to maintain in confidence, or (b) if a non-party individual makes such a designation as to material that the non-party individual in good faith believes constitutes matter used by him or her, or pertaining to him or her, and is not generally known or otherwise available to the public, which the non-party individual would normally not reveal to third parties or would cause third parties to maintain in confidence. The party designating materials as "Confidential" or "Confidential -- Attorneys' Eyes Only" bears the burden of establishing confidentiality in any proceedings in which the opposing party challenges that designation.
5.6 Discovery material designated as "Confidential" or "Confidential -- Attorneys' Eyes Only" shall be subject to the provisions of this Protective Order, and pending further order of the Court, shall be maintained in confidence by the receiving party(ies) (or other authorized person to whom such material is produced or given) as provided herein.
6. Restriction on Use and Disclosure of Designated and Non-Designated Materials
6.1 Absent a specific order of this Court, material designated "Confidential" or "Confidential -- Attorneys' Eyes Only" and any information derived therefrom, shall be used by the parties solely in connection with this litigation, and not for any business, competitive or other purpose, and such information shall not be disclosed to anyone except as provided herein.
6.2 Counsel for each party shall take reasonable precautions to prevent the unauthorized or inadvertent disclosure of any "Confidential" or "Confidential -- Attorneys' Eyes Only" designated material. No copies of materials designated "Confidential" or "Confidential -- Attorneys' ...