The opinion of the court was delivered by: Hon. Paul L. Abrams United States Magistrate Judge
NOTE: CHANGES MADE BY THE COURT
Judge: Hon. John F. Walter Magistrate Judge: Paul L. Abrams
STIPULATED PROTECTIVE ORDER FOR THE HANDLING OF CONFIDENTIAL DOCUMENTS AND INFORMATION Trial Date: None Set PROTECTIVE ORDER; HANDLING OF CONFIDENTIAL DOCS & INFORMATION
Plaintiff Tracie D'Agostino ("Plaintiff") and Defendant Jesta Digital, LLC ("Defendant") (each in the singular, "Party"; collectively, the "Parties"), having sought this Court's approval for the entry of this Stipulated Protective Order For the Handling of Confidential Documents and Information pursuant to Federal Rule of Civil Procedure 26(c) (hereafter, the "Order"), and the Parties having made the following statement of good cause:
The prosecution and defense of this action may require the discovery or disclosure of documents, information or other material claimed by one or more of the Parties or third parties to be non-public personal financial or other confidential information, or involve trade secrets and other valuable research, development, commercial, financial, technical and/or proprietary information for which special protection from public disclosure and from use for any purpose other than prosecution or defense of this action is warranted. Such confidential and proprietary materials and information consist of, among other things, confidential business or financial information, information regarding confidential business practices, or other confidential research, development, or commercial information (including information implicating the privacy rights of third parties), information otherwise generally unavailable to the public, or which maybe privileged or otherwise protected from disclosure under state or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that the parties are permitted reasonably necessary uses of such materials in preparation for and in the conduct of this case, to address their handling at the end of the litigation, and serve the ends of justice, a protective order for such information is useful and justified in this matter.
In entering this Protective Order, it is the intent of the Parties and the Court that information will not be designated as confidential for tactical reasons in this case and that nothing be so designated without a good faith belief that there is good cause why it should not be part of the public record of this case. Further, the scope and effect of the Protective Order is governed by the Local Rules and the Court's Standing Order and procedures.
Accordingly, the Protective Order should thus be entered for good cause shown and is hereby entered on the following terms:
TERMS OF PROTECTIVE ORDER
This Protective Order is intended to protect from disclosure documents and information the parties deem to be confidential in accordance with applicable law and rules. Documents and information so designated may only be disclosed or used as further provided herein. Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it is hereby stipulated by and among the Parties to this Action, through their respective counsel and subject to the approval of this Court, as follows:
1) "CONFIDENTIAL" or "CONFIDENTIAL INFORMATION" shall mean information, recorded, stored, or maintained for any reason in any medium, including but not limited to print, electronic, or digital, that the party designating the information as "Confidential" that the producing party believes in good faith to be entitled to protection under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure.
2) HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY shall mean information that is CONFIDENTIAL or CONFIDENTIAL INFORMATION, but that the designating party reasonably believes to be extremely sensitive, the disclosure of which to another Party or non-party would create a substantial risk of serious injury or competitive harm (to the producing party and/or the persons whose highly confidential information is contained in such documents), including technological trade secrets, customer lists, and other highly sensitive, proprietary information for which the receiving Party's access is not reasonably likely to aid counsel's prosecution of the action and the disclosure of which could lead to serious injury or competitive harm to the producing party.
3) "DOCUMENT(S)." This term is a collective reference to any and all material or other tangible things containing information produced by any party in the Action or third party in connection with the Action, including written responses to discovery and deposition testimony. Without limitation, DOCUMENT(S) further include(s) any medium by which information is recorded, stored, communicated, or utilized, including papers (of any kind, type, or character) and any method or medium by which information may be communicated, recorded, or retrieved by people or by computers. The word DOCUMENT(S), includes, without limitation, photographs, x-rays, motion pictures, audio tapes, videotape recordings, computer generated material, computer disks, and any other form or type of computer stored or computer retrievable data, microfilm and microfiche, or any other process by which information is reduced for storage, and duplicates and reproductions of the same by any method.
4) "COURT." This term refers to the Honorable John F. Walter, so long as Judge Walter retains jurisdiction of this Action, and/or his duly assigned successor (if any), and any Magistrate Judge or Special Master designated to hear and decide disputes arising under the Order.
II. PROCEDURE FOR DETERMINING STATUS OF CONFIDENTIAL DOCUMENTS.
1) The Order shall govern and apply to all information designated as CONFIDENTIAL INFORMATION and HIGHLY CONFIDENTIAL-ATTORNEYS EYES ONLY DOCUMENTS, which may include, documents produced in connection with this action, interrogatory answers, responses to requests for admission, depositions and deposition exhibits, pleadings, and any other information produced or obtained pursuant to a formal discovery request or subpoena, a request made at deposition or any other formal or informal means. It may also apply to information designated as confidential by a producing party that produces by informal means.
2) All DOCUMENTS or categories of DOCUMENTS or pages of DOCUMENTS produced or disclosed that the producing party in good faith believes to contain information that should be subject to the Order shall be designated by the producing party as follows:
"CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER" Or "HIGHLY CONFIDENTIAL -- ATTORNEY'S EYES ONLY"
To the extent such designation is placed on a CD or disk, both the CD/disk and any documents or information contained therein shall be subject to the CONFIDENTIAL or HIGHLY CONFIDENTIAL designation, provided, however, that to the extent reasonably possible, the producing party must make efforts to mark each document with the appropriate designation so as to minimize the potential for confusion. To the extent electronic DOCUMENTS are being produced in native format and deemed CONFIDENTIAL or HIGHLY CONFIDENTIAL- ATTORNEY'S EYES ONLY, appropriate designation of a disk containing such information shall be sufficient for purposes of affording protections to the DOCUMENT under this protective order.
3) The designation of a DOCUMENT or information as CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL-ATTORNEYS EYES ONLY shall not create any presumption with regard to the actual confidentiality of any DOCUMENT, nor shall it affect the burden of proof necessary for obtaining a Rule 26(c) protective order from the Court. The party designating information, DOCUMENTS, deposition testimony, discovery responses, materials, pleadings, or other items as "Confidential" or 'Highly Confidential" bears the burden of establishing their confidentiality if challenged by any other party.
4) If counsel for a party receiving DOCUMENTS designated as Confidential or Highly Confidential objects to such designation of any or all of such ...