Debbie P. Kirkpatrick, Esq. (SBN 207112) Albert R. Limberg, Esq. (SBN 211110) SESSIONS, FISHMAN, NATHAN & ISRAEL, L.L.P., San Diego, CA, Attorney for Defendant NCO Financial Systems, Inc.
POTTER HANDY, LLP, Mark D. Potter, Larry Federico, Attorney for Plaintiff.
STIPULATED PROTECTIVE ORDER
STANLEY A BOONE, Magistrate Judge.
In anticipation of discovery that may reach confidential and proprietary business information and/or confidential information of third parties, Defendant NCO Financial Systems, Inc. and Plaintiff Larry Federico jointly move for entry of a Protective Order as follows:
1. In connection with discovery proceedings or non-discovery voluntary disclosures in this action, the parties may designate any document, thing, material, testimony or other information derived therefrom, as "Confidential" under the terms of this Stipulated Protective Order (hereinafter "Order"). Confidential information is information which has not been made public and is entitled to a Court Order to restrict its disclosure pursuant to FRCP 26.
2. By designating a document, thing, material, testimony or other information derived therefrom as "CONFIDENTIAL, " under the terms of this order, the party making the designation is certifying to the court that there is a good faith basis both in law and in fact for the designation within the meaning of Federal Rule of Civil Procedure 26(g). The designating party shall state the basis for the designation.
3. Confidential documents shall be so designated by stamping copies of the document produced to a party with the legend "CONFIDENTIAL." Each page shall individually be marked CONFIDENTIAL.
4. Testimony taken at a deposition, conference, hearing or trial may be preliminarily designated as confidential by making a statement to that effect on the record at the deposition or other proceeding. Arrangement shall be made with the court reporter taking and transcribing such proceeding to separately bind such portions of the transcript containing information designated as confidential, and to label such portions appropriately. After the transcript is completed, the designating party must specify by page and line what is to remain confidential and state the basis of the designation pursuant to Paragraph 2. If the designating party fails to serve this information 20 days after the delivery of the transcript, the temporary designation of the deposition testimony as confidential expires.
5. Material designated as confidential under this Order, the information contained therein, and any summaries, copies, abstract, or other documents derived in whole or in part from material designated as confidential (hereinafter "Confidential Material") shall be used only for the purpose of the prosecution, defense, or settlement of this action, including any appeal, or to enforce the terms of any settlement or judgment in this action, and for no other purpose.
6. Confidential Material produced pursuant to this Order may be disclosed or made available only to the Court, to the jury, to counsel for a party (including the paralegal, clerical, and secretarial staff employed by such counsel), and to the "qualified persons" designated below:
(a) a party, or an officer, director, or employee of a party deemed necessary by counsel to aid in the prosecution, defense, or settlement of this action;
(b) experts or consultants (together with their clerical staff) retained by such counsel to assist in the prosecution, defense, or settlement of this action;
(c) court reporter(s) employed in this action;
(d) a witness at any deposition or other proceeding ...