The opinion of the court was delivered by: Hon. Robert N. Block United States Magistrate Judge
[PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL MATERIALS A. GOOD CAUSE EXISTS FOR THIS STIPULATED ORDER
WHEREAS, certain documents and information subject to disclosure or produced during discovery in this litigation should be kept confidential to protect the legitimate business and privacy interests of the parties, their officers, agents and employees, and other persons,
AND WHEREAS, all parties have agreed on the means of handling such documents and information,
IT IS HEREBY STIPULATED AND AGREED by and between the parties to this action, through their respective attorneys, that this Court enter a Protective Order Governing the Designation and Handling of Confidential Materials as follows:
B. TERMS AND CONDITIONS OF THIS STIPULATED ORDER
1. As used herein, CONFIDENTIAL INFORMATION refers to non-public information that a producing party claims, reasonably and in good faith, to be its trade secret or other confidential research, development, financial, technical, sales or commercial information within the meaning of Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure. Information to be treated under this Order as CONFIDENTIAL INFORMATION shall include:
a. Information set forth in documents produced pursuant to a party's disclosure obligations under Fed. R. Civ. P. 26(a), or in responses to discovery requests made under Fed. R. Civ. P. 31, 33 or 36, or in documents produced for inspection and/or copying or otherwise under Fed. R. Civ. P. 33(d) or 34, or pursuant to a subpoena under Fed. R. Civ. P. 45, provided that, prior to delivery to the receiving party, the responses or copies of documents are marked by the producing party with substantially the following legend:
CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER Alternatively, documents produced pursuant to a party's disclosure obligations under Fed. R. Civ. P. 26(a), for inspection and/or copying or otherwise under Fed. R. Civ. P. 33(d) or 34, or pursuant to a subpoena under Fed. R. Civ. P. 45, may instead use a conspicuous legend consisting of "CONFIDENTIAL" or "CONFIDENTIAL INFORMATION."
b. Information revealed by inspection of things or premises under Fed. R. Civ. P. 34 under terms to be agreed upon by the parties through good-faith negotiations in connection with any such inspection.
c. Parties (and deponents) may, within 15 days after certification of a deposition transcript, designate pages and/or lines of the transcript (and exhibits thereto furnished by them) as confidential. Confidential information within the deposition transcript may be designated by underlining the portions of the pages that are confidential and marking such pages with the following legend: "Confidential -- Subject to Protective Order," and advising counsel for all parties, the court reporter, and the deponent, by telecopier (or by mail, if the party or person making the designation has no telecopier), of such designation. Until expiration of the 15-day period, the entire deposition will be treated as subject to protection against disclosure under this Order. If no party or deponent timely designates confidential information in a deposition, then none of the transcript or its exhibits will be treated as confidential; if a timely designation is made, the confidential portions and exhibits shall be filed under seal separate from the portions and exhibits not so marked.
d. Information produced in the form of computer disks, video tapes, or other tangible things in electronic, magnetic, or other stored form, to the extent that each such item produced is marked by the producing party with a confidentiality notice. If such items are printed out by the receiving party, the receiving party must mark each page of the printed version with the confidentiality notice.
e. Any party may designate as CONFIDENTIAL or HIGHLY CONFIDENTIAL documents or information produced by another party, or by a third party. The party making such designation shall do so within thirty (30) days of receipt by counsel for the receiving party of such documents or information.
2. The types of information identified in paragraphs 1(a), (b), (c), and (d) may alternatively be designated as "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY," and shall bear the same legend as above in Paragraph 1(a), except changing "CONFIDENTIAL" to "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY." The designation "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" shall be used only for information that the producing party determines, reasonably and in good faith, to consist of: (1) highly sensitive and non-public financial and marketing information, including but not limited to internal financial statements, financial and marketing forecasts, marketing plans, and market assessments; (2) highly sensitive and non-public technical or business information relating to research for, or development or manufacturing of, current services or products; (3) highly sensitive and non-public technical or research and development information regarding future services or products; (4) non-public agreements or dealings with any vendor, distributor or customer or with any competitor of a Party to this lawsuit; (5) information containing pricing or other sensitive or confidential data or (6) highly sensitive personnel information contained among the party's employee personnel records. Hereafter, CONFIDENTIAL INFORMATION and HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY INFORMATION may be referred to, separately and collectively, as "PROTECTED INFORMATION."
3. PROTECTED INFORMATION and all other information disclosed by a producing party to a receiving party pursuant to discovery in this action shall be used by the receiving party solely for purposes of this action, including any alternative dispute resolution proceedings and appeals in connection therewith.
4. Access to CONFIDENTIAL INFORMATION shall be limited to the following persons:
a. The producing party, and any of its present officers, agents, employees, attorneys, or Rule 30(b)(6) designees;
b. A witness who authored or received the CONFIDENTIAL INFORMATION prior to its production to the receiving party, provided that the witness will not be permitted to retain any CONFIDENTIAL ...