The opinion of the court was delivered by: Hon. Jeffrey S. White
STIPULATED PROTECTIVE ORDER
Cross-Complainant Odyssey Thera, Inc. and Cross-Defendant Scottsdale Insurance Company (each a "Party" and, collectively, the "Parties") through counsel, respectfully request the entry of a Stipulated Protective Order to govern the treatment of documents and information in this action that contain proprietary and sensitive commercial information. Under this Order, a Party or non-party may only designate material for protection that it in good faith believes is entitled to such confidentiality. The Parties request entry of this Stipulated Protective Order to allow for the production of the requested documents and disclosure of other information while maintaining the confidentiality of such documents and information.
1. Any information, document, or thing produced or created in connection with this litigation that is reasonably believed by a Producing Party to contain proprietary or confidential information and that has not previously been made publicly available may be designated as "Confidential Material." As used herein, Confidential Material may include (a) all papers, tapes, documents (including answers to interrogatories or requests for admission), CD-ROMs, diskettes, and other tangible things produced by or obtained from a Producing Party;
(b) transcripts of depositions herein and exhibits thereto; and (c) all copies, extracts, and complete or partial summaries prepared from such papers, documents, or things ( collectively, "Information" or "Material"). The designation of Confidential Material shall be made in good faith, and no Party or non-party shall designate Material as Confidential Material without a reasonable and good faith belief that such designation is appropriate. As used herein, "Producing Party" shall refer to any person or entity producing information, documents, discovery responses or testimony in connection with this litigation, irrespective of whether the Producing Party is a party to this action.
2. A Producing Party may designate Material as Confidential Material by stamping or otherwise marking the Material with the legend or a substantively similar legend. As used herein, a "Designating Party" shall refer to any person or entity designating Material as Confidential Material in accordance with paragraph 2 or 3 herein, irrespective of whether the Designating Party is a party to this action.
3. A non-producing Party may designate Material as Confidential Material by giving written notice to all Parties within 30 days of production of the Material that the Material is to be so designated. In addition, if a Producing Party inadvertently fails to stamp certain documents upon their production, it may designate such documents as Confidential Material by giving notice as described in the preceding sentence. In either case, all Parties shall then stamp or otherwise mark the designated Material as Confidential Material.
4. All Confidential Material shall be used solely in connection with this litigation, and the preparation and trial of this litigation, or any appellate proceeding or settlement arising from this proceeding, and not for any other purpose. Confidential Material and summaries or extracts thereof shall not be disclosed except as set forth in Paragraphs 5and/or 6.
5. Confidential Material may be disclosed only to the following persons:
(a) Counsel of record for any Party;
(b) Paralegal, stenographic, clerical and secretarial personnel employed by counsel described in (a);
(c) Any Party and any of a Party's officers, directors, employees, trustees, partners, agents, or in-house legal personnel (or to any officer, director, employee, or in-house legal personnel of a parent, subsidiary or affiliate of any Party);
(d)(1) Any witness at a deposition, trial, evidentiary hearing, or other court proceeding;
(d)(2) Percipient witnesses who are former employees, officers, agents, partners or directors of a Party or a parent, subsidiary or affiliate of a Party;
(e) Any person who authored or has previously received the Material in the ordinary course of ...