The opinion of the court was delivered by: Hon. John E. Mcdermott
PROTECTIVE ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION
THE COURT, having considered the parties' JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER, and GOOD CAUSE appearing therefor; HEREBY ORDERS THAT: 1. This Protective Order is being entered to facilitate the production, exchange and discovery of documents and information that the parties agree merit confidential treatment. This Protective Order shall govern the handling of documents, depositions, deposition exhibits, interrogatory responses, other discovery responses, admissions, pleadings, and any other information or material produced, given or exchanged by and among the parties and any non-parties to the above-captioned action (the "Litigation") in connection with discovery in the Litigation (such information or material hereinafter referred to as "Discovery Material").
2. Any Producing Party (as defined below) may designate Discovery Material in connection with this Litigation as "Confidential," either by notation on the document (without obscuring or defacing the material), statement on the record of the deposition, written notification to the counsel for the parties hereto, or by other appropriate means. The parties agree to exercise good faith in evaluating whether materials should be designated "Confidential" pursuant to this Protective Order.
3. As used herein: (a) "Confidential Information" shall mean all Discovery Material, and all information contained therein, and other information designated as confidential, if such Discovery Material contains trade secrets, proprietary business information, competitively sensitive information, or other information the disclosure of which would, in the good faith judgment of the party designating the material as confidential, be detrimental to the conduct of that party's business or the business or personal interests of any of that party's customers or clients.
(b) "Producing Party" shall mean the parties to this Litigation and any non-parties producing Confidential Information in connection with discovery in this matter or the party asserting the confidentiality designation, as the case may be.
(c) "Receiving Party" shall mean the parties to this Litigation and/or any non-party receiving Confidential Information in connection with discovery in this matter.
4. The Receiving Party may, at any time, notify the Producing Party that the Receiving Party does not concur in the designation of Discovery Material as Confidential Information. If the Producing Party does not agree to declassify such Discovery Material, the Receiving Party may move the Court for an order declassifying that Discovery Material. Unless and until all parties and relevant non-parties shall have agreed in writing or an order of the Court shall have been entered and become enforceable which provides that any challenged Confidential Information may be used or disclosed in a manner different from that specified in this Protective Order, the parties shall treat and protect all material designated as "Confidential" in accordance with this Protective Order. In the event of any such disagreement, the Producing Party shall bear the burden of proving by clear and convincing evidence that the designated item may be protected from public disclosure under applicable law.
5. Except with the prior written consent of the Producing Party or by Order of the Court, Confidential Information shall not be furnished, shown or disclosed to any person or entity except to:
(a) The parties and personnel of the parties actually engaged in assisting in the preparation of this Litigation for trial or other proceeding herein and who have been advised of their obligations hereunder;
(b) former personnel of the parties actually engaged in assisting in the preparation of this Litigation for trial or other proceedings herein who have consented in writing, in the form of Exhibit A attached hereto, to comply with and be bound by the terms of this Protective Order;
(c) counsel of record for the parties to this Litigation and their associated attorneys, paralegals and other professional personnel (including support staff) who are directly assisting such counsel in the preparation of this Litigation for trial or other proceedings herein, are under the supervision or control of such counsel, and who have been advised by such counsel of their obligations hereunder;
(d) expert witnesses or consultants retained by the parties or their counsel to furnish technical or expert services in connection with this Litigation or to give testimony with respect to the subject matter of this Litigation at the trial of this Litigation or other proceedings herein; provided, however, that such Confidential Information is furnished, shown or disclosed in accordance with paragraph 7 hereof;
(e) the Court, court personnel, and the jury in the department to which this action is assigned, and persons present in the courtroom during the trial of this matter, if pursuant to paragraph 12 or paragraph 25 hereof;
(f) an officer before whom a deposition is taken, including stenographic reporters, videographers and any necessary secretarial, clerical or other personnel of such officer or videographer necessary for purposes of preparing deposition transcripts or videos;
(g) witnesses during their depositions to whom disclosure is reasonably necessary and who execute the certificate in the form of Exhibit A attached hereto. Pages of transcribed deposition testimony or exhibits to depositions that reveal Confidential Information must be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Protective Order;
(h) any person(s) whose name(s) appear on the face of or in metadata associated with Confidential Information as having originally prepared, sent and/or received Confidential Information;
(i) any Discovery Referee or settlement conference officer assigned to this matter; and
(j) any other person agreed to in writing by the parties, or ordered by the Court.
6. Confidential Information shall be utilized by the Receiving Party and its counsel only for purposes of this Litigation and shall not be used in any manner for any other ...