The opinion of the court was delivered by: Hon. John E. McDermott United States District Court Magistrate Judge
[PROPOSED] PROTECTIVE ORDER
Scheduling Conf.: July 2, 2012 Time: 11:00 a.m.
Courtroom: 1600 Judge: Hon. Michael W. Fitzgerald Magistrate Judge: Hon. John E. McDermott
STIPULATED PROTECTIVE ORDER
The parties to the above-captioned proceeding, by and through their respective counsel of record, stipulated to, and respectfully requested that the Court issue, the following Protective Order pursuant to Federal Rule of Civil Procedure 26(c).
1. The parties to this action, and any non-party from whom discovery is sought in connection with this action (a "Producing Party"), may designate as "CONFIDENTIAL", any document, testimony or other discovery material that contains or discloses information that the Producing Party reasonably considers to constitute or to contain proprietary, business or commercial information within the meaning of Fed. R. Civ. P. 26(c). The following are exemplary of the types of materials that may be designated as "CONFIDENTIAL" under this Protective Order: customer lists; contracts or agreements; licensing negotiations; business and marketing plans, strategies, and surveys; computer software source code, flow charts, and design drawings; technical blueprints, schematics, circuit diagrams, product specifications, and documentation; testing results and reports; quality control documents; product analyses; sales and financial data, estimates, and forecasts; pricing information and underlying strategies and tactics; manufacturing bills of materials; information regarding future products or services; unpublished or non-public patent applications and invention disclosures; and other similarly confidential items.
2. A Producing Party may also designate as "CONFIDENTIAL-OUTSIDE COUNSEL'S EYES ONLY" any document that properly falls within the bounds of the CONFIDENTIAL designation as set forth herein, but also further contains or discloses information relating to, referring to, or pertaining to proprietary information that could do harm to the Producing Party's business advantage (e.g. business plans, marketing plans, design drawings, agreements with third parties, production capacity documentation, launch information, customer lists, and technical information), or otherwise contains or discloses information relating to, referring to, or pertaining to a trade secret or other confidential, sensitive, or proprietary research and/or development information or highly sensitive financial information, technical information relating to research, formulation, and production of current or future products.
3. Documents properly considered "CONFIDENTIAL" and/or "CONFIDENTIAL-OUTSIDE COUNSEL'S EYES ONLY" are hereinafter described generally as "Confidential Information". Confidential Information as used in this Protective Order, shall refer to any so designated document, testimony or other discovery and copies thereof, and shall also refer to the information contained in such material. The designation of "CONFIDENTIAL" or "CONFIDENTIAL-OUTSIDE COUNSEL'S EYES ONLY" pursuant to this Protective Order shall be made by affixing a marking on the Confidential Information prior to production as follows: "CONFIDENTIAL," or "CONFIDENTIAL-OUTSIDE COUNSEL'S EYES ONLY." Where it is not practicable to affix such markings to Confidential Information, the Producing Party may make the designation by informing the receiving party (the "Receiving Party") in writing of the appropriate designation of such Confidential Information.
4. Discovery material designated "CONFIDENTIAL" shall be maintained in confidence by the party to which such material is produced and shall not be disclosed to any person except:
(a) the Court, its technical advisor (if one is appointed), persons employed by the Court, jurors, and mediators;
(b) outside litigation counsel of record for a party and their regularly employed office staff;
(c) in-house counsel for a party;
(d) employees or officers of a party with responsibility for managing or evaluating its participation in this action, following identification of each employee or officer to each of the other parties, and provided that (i) prior to disclosure of such discovery material to any such individual, outside litigation counsel for the Receiving Party first obtains from such individual a signed Certificate of Consent in the form attached hereto at Exhibit "A," (ii) such outside litigation counsel maintains a copy of such Certificate and produces a copy of such Certificate to counsel for each of the other parties within ten (10) calendar days after execution;
(e) individuals and organizations retained by outside litigation counsel for a party to provide litigation support services in this action and the employees of such organizations including, without limitation: (i) graphics, translation, design, jury and/or trial consulting services, including mock jurors;
(ii) data processing vendors, photocopy, document imaging and database services; and (iii) technical personnel retained to set up, maintain and/or operate computer systems, litigation databases or to convert data for inclusion in such databases;
(f) employees of a party which produced the discovery material, and those individuals reflected in the discovery material as having seen or authored the discovery material;
(g) third-party experts or consultants, and the employees of such experts and consultants who are assisting them, engaged by counsel or a party to assist in this litigation who have no other current relationship with any of the parties hereto or any of their present competitors other than as an expert or consultant in connection with a legal dispute, pursuant to the procedures in paragraph 10 below;
(h) any certified shorthand or court reporters or persons operating video equipment retained by a party (as opposed to persons employed by the Court) to record the testimony or argument at a deposition or other proceeding in this action or any appeal therefrom; and
(i) such other persons as hereafter may be designated by written agreement of all parties in this action or by Order of the Court.
5. Discovery material designated "CONFIDENTIAL -- OUTSIDE COUNSEL'S EYES ONLY," shall be maintained in confidence by the party to which such material is produced and shall not be disclosed to any person except:
(a) the Court, its technical advisor (if one is appointed), persons employed by the ...