WHITTAKER CORPORATION, a Delaware corporation. Plaintiff,
UNITED STATES OF AMERICA, Defendant.
PILLSBURY WINTHROP SHAW PITTMAN LLP, REYNOLD L. SIEMENS (CA Bar No. 177956), MARK E. ELLIOTT (CA Bar No. 157759), CAROLINE L. PLANT (CA Bar No. 247358), Los Angeles, CA, Attorneys for Plaintiff, WHITTAKER CORPORATION.
ROBERT G. DREHER, Acting Assistant Attorney General, Environment & Natural Resources Division, MICHAEL C. AUGUSTINI (DC Bar No. 452526), MARTHA C. MANN (FL Bar No. 155950), KIM N. SMACZNIAK (N.Y. Bar No. 4782637), Environment & Natural Resources Division Environmental Defense Section U.S. Department of Justice, Washington, DC, Attorneys for Defendant, UNITED STATES OF AMERICA.
STIPULATED PROTECTIVE ORDER
JACQUELINE CHOOLJIAN, Magistrate Judge.
It is hereby ordered that this Stipulated Protective Order shall apply with respect to certain documents and other information produced and/or disclosed in connection with the above-captioned litigation ("the Litigation").
1. Scope of Order. This Stipulated Protective Order ("the Protective Order") governs the use and handling of confidential documents, electronic information in any form (including embedded data and metadata), testimony, interrogatory responses and other information, including all copies, excerpts and summaries thereof (collectively, the "Protected Material") supplied by any party (including third parties) in the Litigation. Protected Material supplied in this Litigation shall be used only for the purpose of this Litigation, and not for any business, competitive, personal, private, public or other purpose whatsoever.
2. Designation of Protected Material. Any party (including a third party or recipient of a subpoena in this Litigation) may in good faith designate as "Protected" any material that it supplies in this Litigation which contains trade secrets, non-public research and analysis, competitively sensitive financial information, commercial information, internal strategy or strategic planning information, or internal communications regarding the Protected Material; or other information for which a good faith claim of need for protection from disclosure can be made under applicable law. The designations will be made in conformance with Paragraph 6 of this Protective Order. If a document, or other material or testimony related thereto, is inadvertently disclosed without being marked as Protected Material in accordance with Paragraph 6 or if such disclosure occurred prior to the execution of this Protective Order, the failure to so mark the document, or other material or testimony related thereto, shall not be deemed a waiver by the supplying party of its ability to designate such information as Protected Material, provided that the failure to mark the document, or other material or testimony related thereto, is brought to the attention of the receiving Party within a reasonable time after the original disclosure of the Protected Material in this Litigation. In such instance, the supplying party must produce another copy of the Protected Material in conformance with Paragraph 6. If the receiving party has disclosed the information to persons prior to being notified that the information is Protected Material, such disclosure will not be deemed a violation of this Protective Order, but the receiving party shall advise such persons that the Protected Material is subject to the terms of this Protective Order and may not be disclosed or used other than as set forth in this Protective Order.
3. Persons Who May Access Protected Material. Absent written consent from the supplying party or unless otherwise directed by the Court after reasonable advance notice, Protected Material may be disclosed only to the following persons:
(a) Employees, officers, and directors of the named parties to this lawsuit who have a need to review the Protected Material in connection with the Litigation;
(b) Counsel of record for the parties and in-house counsel who are not regular employees of a party but are retained on behalf of any of the parties by their counsel to assist in preparation of this case;
(c) Actual witnesses during the trial or any hearing in this Litigation or actual deponents during a deposition in this Litigation and the attorneys representing any third party at the deposition, hearing, or trial;
(d) Outside experts, investigators, or consultants who are retained on behalf of any of the parties by counsel to assist in the preparation of this case;
(e) Outside photocopying, graphic production services or litigation support services employed by the parties' counsel to assist in this Litigation, and computer services personnel performing duties in relation to a computerized litigation system;
(f) The Court, court reporters, videographers, stenographers, and court personnel; and
(g) The direct staff of, and any personnel employed or retained by any of the foregoing persons, provided that such persons are actively involved in assisting with the prosecution or defense of this Litigation.
Any person who obtains access to Protected Material, as permitted by this Protective Order, may make copies, duplicates, extracts, summaries or descriptions of the information contained therein or any portion thereof. All copies, duplicates, extracts, summaries, or descriptions derived from Protected Material shall be subject to the terms of this Protective Order and shall be marked to the same extent and manner as originals.
4. Application of this Protective Order to Persons With Access to Protected Material. Each person given access to Protected Material shall be advised that the Protected Material is being disclosed pursuant to and subject to the terms of this Protective Order and may not be disclosed or used other than as set forth in this Protective Order. In addition, Protected Material shall not be left in the possession of persons described in Paragraph 3(c) without the written consent of the Producing Party. Before any person described in Paragraph 3(d) or (e), or any person described in Paragraph 3(g) who is employed or retained by persons described in Paragraph 3(d) or (e), is given access to Protected Material, that person must read and agree in writing, by signing an acknowledgement in the form attached as Exhibit A, to be bound by the provisions of this Protective Order. Any such signed acknowledgement shall be retained during the course of this Litigation ...