The opinion of the court was delivered by: Jay C. Gandhi United States Magistrate Judge
The parties, by and through their respective counsel of record, have submitted a joint stipulation governing the disclosure of "Confidential Information" to facilitate discovery in this action of documents and information that may potentially involve the production of confidential, proprietary, and/or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted. Good cause having been shown, IT IS HEREBY ORDERED as follows:
1. As used in this Protective Order, these terms have the following meanings:
a. "Attorneys" means counsel of record and in-house counsel to the undersigned Parties;
b. "Confidential Materials" are Materials designated pursuant to paragraph 2;
c. "Document(s)" are all materials within the scope of Fed. R. Civ. P. 34; and
d. "Written Assurance" means an executed document in the form attached as Exhibit A;
e. "Designating Party" means the Party that designates Materials as "Confidential;"
f. "Receiving Party" means the Party that receives Materials designated as "Confidential;"
g. "Information" means the content of Documents or Testimony, any interrogatory responses, or other discovery responses;
h. "Testimony" means all depositions, declarations or other testimony taken or used in this Proceeding;
i. "Material(s)" means any Document, Information or Testimony.
2. By identifying Materials as "Confidential," a party may designate any Materials, that it in good faith believes to constitute or contain non-public information that is entitled to confidential treatment under applicable law, including, but not limited to, Materials which (i) contain trade secrets or other commercially sensitive information, (ii) contain sensitive or personal information of employees or customers, or (iii) otherwise adversely affect the Designating Party's business, commercial financial, or personal interests, or are reasonably likely to pose a risk of significant harm to the Designating Party's competitive or financial position or the competitive or financial position of a non-party that is owed a duty of confidentiality by the Designating Party, or other confidential information entitled to protection under 26(c)(1)(G) of the Federal Rules of Civil Procedure.
A party may not designate as "Confidential" any Materials that:
a. at the time of the production or disclosure, is publicly available as evidenced by: 1) a citation permitting unrestricted access, or 2) is in the public domain, as evidenced by a written document, drawing or photograph not having a proprietary, confidential or restricted notice;
b. through no wrongful act or fault of the Receiving Party, is or has become part of the public domain; or
c. the Receiving Party can show it already lawfully possessed at the time of the production or disclosure without being subjected to any obligation to maintain the confidentiality of the information.
3. All Confidential documents, along with the information contained in the documents, shall be used solely for the purpose of this action and no person receiving such documents, or information contained in such documents shall, directly or indirectly, transfer, disclose, or communicate in any way the contents of the ...