The opinion of the court was delivered by: Honorable Marc L. Goldman
This Protective Order (hereinafter "Order") is entered pursuant to the Federal Rules of Civil Procedure. The Parties to the above-captioned matter have stipulated and agreed, and the Court recognizes, that the Parties and non-party witnesses to this action possess private, trade secret, business confidential and/or proprietary information, which is confidential and/or of competitive commercial value that will be subject to discovery in this action, but which should not be made available to competitors or to the public generally.
Good cause exists for entry of this Order because the Parties to this action:
(1) are competitors with one another; (2) have sought and expect to continue to seek in the future the discovery of certain information in this action that is sensitive, private, business confidential, or is of a type and nature that third parties required to get involved in discovery in this action will also believe is sensitive, private, and business confidential, including, but not limited to, information concerning the Parties' trade secrets, information that is competitively sensitive and would harm the Parties if such information were disclosed to their competitors, confidential financial information concerning the Parties, and proprietary business information; (3) believe that unrestricted disclosure or dissemination of such confidential information will cause them business or commercial injury; (4) desire an efficient and practicable means to designate such information as either "Confidential" or "Confidential -- Attorneys' Eyes Only" (as those terms are defined below) and thereby help ensure its continued protection against disclosure or dissemination; and (5) have agreed to such means as set forth herein.
1. This Order shall relate to all documents, materials, depositions or other testimony, deposition exhibits, interrogatory responses, responses to requests for admissions, and other information produced by the Parties (or third-parties) in connection with this case.
2. Any information that a Party believes in good faith contains or comprises any business confidential, proprietary, commercially sensitive or trade secret information ("Confidential Information") produced by a Party to this litigation or a third-party in connection with this case ("the Producing Party") may be designated by the Producing Party as "Confidential." Information that has been designated as "Confidential" shall be revealed only to:
(a) the Court, the Court's staff and any Court-appointed mediators, arbitrators or expert witnesses;
(b) the Parties and their officers, employees, and agents who are providing assistance to counsel in this action (including in-house counsel participating in the defense of this action), and any persons or entities joined as parties in the future;
(c) the Parties' attorneys of record and those attorneys' associates, assistants, employees, and vendors;
(d) consultants, technical experts, expert witnesses, potential fact witnesses, and agents involved in the preparation of this action who have signed the "Agreement to be Bound by Protective Order" attached hereto as Exhibit A;
(e) insurers or representatives of the Parties who have signed the "Agreement to be Bound by Protective Order" attached hereto as Exhibit A; and
(f) court reporters, their transcribers, assistants, and employees.
3. In addition to the above, documents or Confidential Information produced or disclosed within any proceeding, formal or informal, including but not limited to written discovery, depositions, affidavits/declarations, document production, and expert disclosures, by any of the Parties to this action or by any non-party witness, which are highly sensitive or proprietary or considered a trade secret, may be designated by the Producing Party or witness as "Confidential --Attorneys' Eyes Only." For purposes of this Order, Confidential -- Attorneys' Eyes Only information includes, but is not limited to, product formula information, non-public financial information, pricing information, and customer lists. Information or documents designated as "Confidential -- Attorneys' Eyes Only" shall be revealed only to:
(a) outside attorneys of record for a Party to this litigation and those attorneys' associates, ...