JENNIFER YARDLEY, Plaintiff.
ADP TOTALSOURCE, INC. a Florida Corporation; and DOES 1 to 150, inclusive, Defendants.
AITKEN CAMPBELL HEIKAUS WEAVER, LLP Darren J. Campbell, Attorneys for Plaintiff JENNIFER YARDLEY.
SEYFARTH SHAW LLP Jamie C. Chanin, Brian T. Ashe, Jamie C. Chanin, Nicholas Rosenthal, Attorneys for Defendant ADP TOTALSOURCE, INC.
STIPULATION AND PROPOSED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION
JAY C. GANDHI, Magistrate Judge.
IT IS HEREBY STIPULATED by the parties to this action, plaintiff Jennifer Yardley ("Plaintiff") and defendant ADP TotalSource, Inc. ("Defendant") (collectively "the Parties"), by and through their respective attorneys of record, as follows:
WHEREAS, Defendant anticipates producing during discovery and introducing as deposition exhibits documents containing confidential and sensitive business, financial and proprietary information regarding Defendant, its affiliated companies, and its clients;
WHEREAS, Plaintiff anticipates that Defendant will seek to obtain confidential and sensitive medical information from Plaintiff's treating physicians concerning her claims for emotional distress; and
WHEREAS, the Parties acknowledge that future discovery in this lawsuit may require the disclosure of documents and other records that constitute or contain trade secret, commercially sensitive, proprietary and/or other confidential information, or implicate individuals' right to privacy.
WHEREAS, the Parties acknowledge that this Stipulated Protective Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as confidential. The Parties further acknowledge that this Stipulated Protective Order creates no
1. This Stipulation and Protective Order shall govern documents, other records, depositions or other testimony, deposition exhibits, interrogatory responses, responses to requests for admissions, responses to document requests, and other information (any and all such materials and information shall be referred to as "Discovery Material") produced by the Parties (or third parties) in connection with this case.
DESIGNATION AS CONFIDENTIAL
2. Any information produced by a party to this litigation or a third party in connection with this case ("the Producing Party") that the Producing Party believes in good faith contains or comprises any confidential, proprietary, commercially sensitive, trade secret, or private personal information ("Confidential Information") may be designated by the Producing Party as "Confidential" by marking or designating the information in the manner provided in paragraph 3 of this Stipulated Protective Order. Failure of counsel to designate information as Confidential Information shall not be deemed a waiver of confidentiality. In the event that a Producing Party inadvertently fails to designate Confidential Information, or in the event that any other person or party learns of the disclosure of information that it deems to be Confidential Information, the Producing Party or another party may make a later designation or change the designation by so notifying all parties to whom the Confidential Information has been disclosed. Late designation shall not be deemed a waiver of the protected status of the designated information. The Producing Party must reproduce the documents or other materials with the appropriate designation and the receiving parties must return or certify destruction of the non-designated copies of the documents or other materials. Confidential Information includes not only the information contained in documents and other materials designated as such pursuant to this Order, but also any summaries, copies, abstracts, compilations, or other documents or material derived from Confidential Infor
3. Any Confidential Information shall be designated as "Confidential" by the Producing Party by so identifying the material with the appropriate legend. Whenever counsel for a party deems that any question or line of questioning calls for the disclosure of information that should be treated as Confidential Information, or when Confidential Information is used during or in connection with a deposition, counsel may: (i) state on the record that such information is being designated as "Confidential"; or (ii) give written notice to all other counsel that such information is being designated as "Confidential" within twenty-one (21) days after receiving a copy of the deposition transcript. Only those portions of the transcript of the deposition designated "Confidential" shall be so treated, except that all copies of deposition transcripts that contain designated Confidential Information shall be prominently marked "Confidential" on the cover, and when filed with the Court the "Confidential" portions of the deposition transcripts shall be filed in accordance with the procedures set forth in paragraph 13 below.
4. A party may designate as "Confidential" documents or discovery materials produced by a non-party by providing written notice to all parties of the relevant documents or other Confidential Information to be so designated, so long as such designation is done at least (30) days before the first day of trial. If that happens, the parties agree to treat that information as Confidential for all purposes, regardless of whether the information was previously disclosed without such a designation.
5. Any party may designate any documents that party has produced or information that party has produced, disclosed or exchanged during discovery prior to entry of this Stipulated Protective Order, which such party considers in good faith to contain Confidential Information, as "Confidential" by informing all other764764402471208 parties to this action in writing. Such materials are covered by this Stipulated Protective Order.
6. Plaintiff agrees that Defendant may designate as "Confidential" the following documents produced by Plaintiff: PLTF 63-72, 75, 172-174, 189-196, 198, 200-203, 237-242, 300-314, and 321-329. Defendant contends that it should also be permitted to designate as "Confidential" other documents produced by Plaintiff that are internal ADP documents and communications, as well as documents ADP provided to clients pursuant to a non-disclosure agreement. Specifically, Defendant would also like to designate as "Confidential" the following documents previously produced by Plaintiff: PLTF 2-5, 11, 18-19, 20-24, 25-34, 35-62, 73-74, 76-82, 83-85, 86-92, 93-112, 113-145, 146-147, 148-150, 151-157, 158-171, 175-186, 187-188, 197, 199, 204-205, 206-208, 209-222, 223-226, 227-231, 232-236, 243-245, 246-253, 254-267, 268-299, 315-319, 320, 330, 331-334, 335-337, 339-340, 341-342, 343-345, 354-381, 382-387, 388-421, and 422-429. Plaintiff does not agree to this.
7. The designation of Information as "Confidential" shall not be dispositive of the actual confidentiality of such material, nor shall it affect the burden of proof necessary to demonstrate the appropriateness of the designation of said material. Any dispute between the Parties as to the actual confidentiality of any particular material or information shall be resolved pursuant to paragraphs 7, 8 and 14, infra, of this Stipulated Protective Order.
8. The party that has designated information as "Confidential" shall have the burden of establishing that the information is Confidential. The filing of a motion for a protective order with the Court by a party seeking to protect the designation of any information shall not affect the designation of the information, which will continue to enjoy the designations made by the Producing Party or698698391334392 another party, unless and until an order of court changing the designations is entered.
9. Nothing in this Stipulated Protective Order shall prevent a party receiving "Confidential" information from seeking a further order of this Court declaring that such information shall not be subject to the provisions ...