Power Probe, Inc. v. Sullivan

          PROTECTIVE ORDER

          Jay C. Gandhi U.S. Magistrate Judge.

         In light of the Stipulation of the parties filed herewith, and good cause appearing therefore, IT IS HEREBY ORDERED as follows:

         I. DEFINITIONS

         A. Party

         Any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel (and their support staff).

         B. Disclosure or Discovery Material

         All items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.

         C. “Confidential Information” or Items

         Information (regardless of how generated, stored or maintained) or tangible things that contains or discloses trade secrets or confidential research, development, commercial, financial or proprietary information, or which contains or discloses information protected by the right to privacy.

         Confidential Information shall not include any document, information, or other material that:

(i) is, at the time of disclosure, in the public domain by publication or otherwise;

(ii) becomes at any time, through no act or failure to act on the part of the Receiving Party, part of the public domain by lawful publication or other lawful act;

(iii) is already in the possession of the Receiving Party at the time of disclosure and was not acquired directly or indirectly from the Producing Party; or

(iv) is made available to the Receiving Party by a third party who obtained the same by legal means and without any obligation of confidence to the party claiming its confidential nature.

         D. Receiving Party

         A Party that receives Disclosure or Discovery Material from a Producing Party.

         E. Producing Party

         A Party or non-party that produces Disclosure or Discovery Material in this action.

         F. Designating Party

         A Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as “Confidential.”

         G. Protected Material

         Any Disclosure or Discovery Material that is designated as “Confidential.” H. Outside Counsel Attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action.

         I. House Counsel

         Attorneys who are employees of a Party.

         J. Counsel (without qualifier)

         Outside Counsel and House Counsel (as well as their support staffs).

         K. Expert

         A person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action. “Expert” also shall mean an employee of a party who is retained as an expert in this action. This ...