The opinion of the court was delivered by: The Honorable Frederick F. Mumm United States Magistrate Judge
[Assigned to the Honorable John A. Kronstadt]
[PROPOSED] STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL DISCOVERY MATERIAL NOTE CHANGES MADE BY COURT
Subject to the approval of this Court, the parties hereby stipulate to the following protective order:
1. Any and all documents comprising, generated from, or referencing processes, operations, business methods, or any other business or personal information that is proprietary and/or confidential (including financial information or trade secrets) of any of the Plaintiffs or of Defendant Allstate Insurance Company ("Defendant") or its employees, agents, or customers that are produced as part of the discovery process in this action may be identified by the producing party as "Confidential" subject to the provisions of this stipulation and order.
2. Confidential documents shall be so designated by stamping copies of the documents with the legend "CONFIDENTIAL." All pages shall be so labeled. If a producing party, through inadvertence, fails to designate discovery material as Confidential, but thereafter determines that such discovery material should have been so designated, he/she/it shall promptly provide written notice of the Confidential designation along with a duplicate copy of the discovery material with the Confidential marking, and to the extent practicable the discovery material will be treated as CONFIDENTIAL MATERIAL from the date of receipt of such notice. Likewise, if a producing party designates discovery material Confidential and later determines that such discovery material should not have been so designated, it shall promptly provide written notice of the removal of the designation along with a duplicate copy of the discovery material without the Confidential marking. If any party wishes to designate documents produced by a third party as Confidential, it shall do so within fourteen (14) days of receipt of such documents and notify counsel for the opposing party of such designation by producing a copy bearing the label Confidential.
3. Deposition testimony taken at a deposition, conference, hearing or trial may be designated as confidential by making a statement to that effect on the record at the deposition or other proceeding. (FFM) Arrangements shall be made with the court reporter taking and transcribing such proceeding to separately bind such portions of the transcript containing information designated as confidential, and to label such portions appropriately.
4. Material designated as confidential under this Order, the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as confidential (hereinafter "CONFIDENTIAL MATERIAL") shall be used only for the purpose of the prosecution, defense, or settlement of this action, and for no other purpose.
5. CONFIDENTIAL MATERIAL produced pursuant to this Order may be disclosed or made available only to the Court, to counsel for a party (including paralegal, clerical, and secretarial staff employed by such counsel), to a party, and to the "qualified persons" designated below:
(a) experts or consultants (together with their clerical staff) retained by such counsel to assist in the prosecution, defense, or settlement of this action;
(b) court reporter(s) or videographer(s) employed in this action;
(c) a witness at any deposition or other proceeding in this action;
(d) any other person to whom the parties agree in writing;
(e) any person, who a document, on its face, indicates has previously seen, or has been sent the designated information, such as authors, drafters, recipients and ...