STIPULATION RE: DISCLOSURE OF CONFIDENTIAL INFORMATION Complaint Filed: August 29, 2012 Trial Date: None set
WHEREAS Plaintiff PAMELA STRATTON and Defendants FEDEX FREIGHT, INC. and FEDEX CORPORATION (each referred to herein as "Party" or, collectively, as "Parties") have propounded or intend to propound discovery and contend that the disclosure of some responsive information and/or documents would entail the disclosure of confidential, private and/or proprietary business information and trade secrets not otherwise available to such other parties or the public generally, particularly due to the nature of Defendants' business and/or third party or Plaintiff's privacy rights.
IT IS HEREBY STIPULATED AND AGREED by the Parties, through their undersigned counsel, that the following provisions shall govern documents and information produced in this action:
1. Confidential Information. During discovery, any information or material within the scope of Rule 26(b)(1) of the Federal Rules of Civil Procedure including but not limited to, documents, deposition testimony, transcripts and accompanying exhibits, interrogatory answers, responses to request to admit and other written, recorded or graphic materials may be designated as "CONFIDENTIAL" by the person or entity producing, providing, filing or lodging it or by any Party to this action ("Designating Person"). "CONFIDENTIAL" information includes all information or material derived from it.
2. Access to Confidential Information. The designation of any document as "CONFIDENTIAL" shall not preclude any Party from showing or providing a copy of the document to any person who appears as an author, addressee or recipient on the face of the document. "CONFIDENTIAL" information shall not be otherwise used or disclosed for any purposes whatsoever, except in connection with the litigation of the action (including any appeal), and may be disclosed only to the following persons:
(a) the named Parties to this action and their officers, directors and/or employees and those employees employed as of the date the document was created who were in a position to have access to the document;
(b) the Parties' counsel, including in-house counsel, and such counsel's legal associates, paralegals, secretaries and office staff;
(c) independent experts or consultants and their staff specifically retained to assist counsel in this litigation provided that any such experts or consultants shall, prior to any disclosure, execute an undertaking to be bound by this Stipulation (in the form attached hereto as Exhibit A), which shall be maintained at the office of counsel retaining such expert or consultant and produced to opposing counsel at the conclusion of the action;
(d) third parties specifically retained by counsel for Parties to this action (or their legal associates and their offices' staffs) for copying or computer coding of documents but only for such copying or computer coding purposes and provided that any such third parties, prior to any disclosure, execute an undertaking to be bound by this Stipulation (in the form attached hereto as Exhibit A) which shall be maintained at the office of counsel retaining such third parties and produced to opposing counsel at the conclusion of the action;
(e) the Court, court reporters and court officers pursuant to paragraph 7 of this Stipulation;
(f) any witness shown the document in a deposition in this litigation; and
(g) any other witnesses or prospective witnesses.
3. Copies of Confidential Information. Copies and extracts of "CONFIDENTIAL" information may be made by or for only those persons authorized by paragraph 2 to review such materials provided that all copies and extracts are appropriately marked as "CONFIDENTIAL." All copies and extracts of "CONFIDENTIAL" information are subject to the provisions of this Stipulation as though they were original "CONFIDENTIAL" information.
4. Custody of Confidential Information. All documents containing information designated "CONFIDENTIAL" and notes or other records regarding that information shall be maintained in the custody of the Parties' outside and/or in-house counsel and no partial or complete copies thereof containing "CONFIDENTIAL" information shall be retained by anyone else at any location except that independent experts and consultants may retain documents on a temporary basis for purposes of study, analysis and preparation of the case.
5. Designating Documents. The designation of all or a portion of a document as "CONFIDENTIAL" shall be made by placing such legend on each designated page of the document prior to production. In the case of a document produced by a non-party that is not the Designating Person with respect to such document, the Parties reserve their right to seek a ...