STIPULATION AND PROTECTIVE ORDER RECITALS
WHEREAS, Plaintiff Maryland Casualty Company ("Plaintiff") and
Fire & Marine Insurance Company ("Defendant") have agreed that
the documents and information 4 they exchange in discovery during this
litigation may be confidential and/or proprietary in nature; 5
WHEREAS, the parties have further agreed to the entry of an order
pursuant to Federal
Rule of Civil Procedure 26(c) and Federal Rule of Evidence 502,
governing the review, copying, 7 dissemination and filing of
confidential and/or proprietary documents and information to be 8
produced by any party and its respective counsel or by any non-party
in the course of discovery in 9 this matter to the extent set forth
below; and the parties, by, between and among their respective 10
counsel, having stipulated and agreed to the terms set forth herein,
and good cause having been 11 shown; 12
WHEREAS, the parties wish to provide for the confidential treatment of all such 13 Confidential Material (as defined below); 14
Subject to the approval of the Court, the parties hereby stipulate to the following protective 16 order: 17
(a) "Confidential Material" shall mean all documents and testimony, and all information contained therein, that is: (i) produced for or disclosed to counsel for a Receiving Party; and (ii) considered by the Producing Party in good faith to constitute or to contain confidential, proprietary or otherwise sensitive information, whether embodied in physical objects, documents, or the factual knowledge of persons; and which has been so designated by the Producing Party in the manner described below.
(b) "Producing Party" shall mean the parties to this litigation and any non-parties producing Confidential Material in connection with this litigation.
(c) "Receiving Party" shall mean the parties to this litigation and any non-parties receiving Confidential Material in connection with this litigation.
(d) "Confidentiality Legends" refers to the words and phrases that a Producing Party shall stamp on material that the Producing Party is designating as Confidential.
DESIGNATION AND USE OF CONFIDENTIAL MATERIAL
2. In connection with discovery proceedings in this action, the parties may 11 designate any document, thing, material, testimony or other information derived therefrom as 12 "Confidential Material" under the terms of and consistent with this Stipulated Order. 13 3. In the case of documents, the Producing Party shall designate a document as Confidential Material by stamping the words "Confidential" on the face of the document and on 15 each internal page designated as being or containing Confidential Material. The Producing Party 16 shall make such designations at the time it first produces or otherwise disseminates such document 17 to the parties. 18
4. In the case of deposition testimony, designations shall be made by making
19 an oral statement to such effect on the record in the course of the deposition, or by written 20 notification to the court reporter and to all parties within thirty (30) days following receipt of the 21 transcript of such deposition and the exhibits thereto (or later with leave of Court or by agreement 22 among the parties). Prior to the expiration of such thirty (30) day period (or until a designation is 23 made by counsel, if such a designation is made in a shorter period of time), all such documents 24 shall be treated as Confidential Material. If any deposition transcript or portion thereof, including 25 exhibits, is designated as Confidential Material, the reporter shall place the appropriate 26
Confidentiality Legend on the original and each copy of the transcript, together with a statement 27 identifying the pages of the deposition and/or the exhibits which are designated as Confidential 28 Material. If all or part of a videotaped deposition is designated as Confidential Material, both the 2 transcript and the videocassette or other videotape container shall be labeled with the appropriate 3 Confidentiality Legend within the same time periods as described above. 4
5. In the case of affidavits, declarations, statements, written responses to 5 requests for production of documents, and responses to interrogatories or requests for admissions, 6 the appropriate confidentiality legend shall be placed on each page of any affidavit, declaration, 7 statement, set of written responses to requests for production of documents, or set of responses to ...