ORDER RE: CONFIDENTIAL MATERIAL AND PROTECTIVE ORDER
JEAN P. ROSENBLUTH, Magistrate Judge.
The Court, having considered the parties' Modified Joint Stipulation and Proposed Protective Order re: Confidential Material, and finding good cause therefor, hereby enters the following Order:
The following definitions shall apply to this Stipulation and Order:
1. The term "Litigation, " as used herein, refers to the above-captioned matter and to any other action consolidated at any time under that caption, and any appeal therefrom through final judgment.
2. The term "Material, " as used herein, refers without limitation to all documents in written or electronic form, information and things produced in discovery, including responses to document requests, interrogatories and requests for admissions, written or oral testimony at, and transcripts of, depositions and other pretrial or trial proceedings, all copies of the foregoing, tangible or intangible, and all excerpts, extracts or summaries of any of the foregoing. The term "Material" includes all information contained in or derived from the foregoing.
4. The term "Producing Party, " as used herein, refers to any party to this Litigation producing Material in this Litigation, or any other person or entity producing Material in this Litigation, who agrees to be bound by the terms of this Stipulation and Order.
5. The term "Legend, " as used herein, refers to a stamp or similar insignia stating "CONFIDENTIAL." When any Material is designated Confidential pursuant to this Stipulation and Order, the appropriate Legend shall be affixed to all confidential pages of such Material. In the case of Confidential Information disclosed in a non-paper medium (e.g., videotape, audio tape, computer disks or tapes, etc.), the appropriate Legend shall be affixed to the outside of the medium or its container so as to give clear notice of the designation. To the extent that paper or hard copies are made of Confidential Information that has been produced in any non-paper medium as referenced above, the party making such copies shall place the appropriate Legend on each page of such paper or hard copy and any such paper or hard copies shall be deemed protected under this Stipulation and Order. The CONFIDENTIAL designation shall be deemed to apply to the Material itself and to information contained therein. The Producing Party shall only designate as CONFIDENTIAL those Materials that the Producing Party reasonably believes in good faith is entitled to confidential treatment under applicable law and only those portions of those Materials that the Producing Party reasonably believes in good faith is entitled to confidential treatment under applicable law.
6. When reference is made in this Stipulation and Order to any Material or party, the singular shall include the plural and plural shall include the singular.
II. EFFECT OF DESIGNATION
Unless and until otherwise ordered by the Court, or otherwise agreed by the parties, all Material designated Confidential shall be treated as such under this Stipulation and Order. However, by agreeing to this Stipulation and Order, no party shall be deemed to agree that any other party's designation of any document or other Material as Confidential is proper, or waives the right to challenge such designation.
III. SCOPE OF APPLICATION
This Stipulation and Order shall govern all Material generated or produced by any party to this Litigation in response to any formal discovery or informal discovery or exchange of information, if so designated, conducted by any party to this Litigation. This stipulation shall not govern the use or ...