B & R Liquid Adventure LLC v. Travelers Indemnity Co. of Connecticut

          PROTECTIVE ORDER

          Jean P. Rosenbluth Magistrate Judge.

         To expedite the flow of discovery, facilitate the prompt resolution of disputes over confidentiality, protect material entitled to be kept confidential, and ensure that protection is afforded only to material so entitled, pursuant to the Court’s authority under Rule 26(c) and with the consent of the parties to this litigation, IT IS ORDERED:

         1. Confidential Information.

         The parties to this litigation may designate as “CONFIDENTIAL” any document, testimony, information or material (“Confidential Information”) disclosed through formal or informal discovery or otherwise in the course of this litigation as hereinafter set forth in subsections (a), (b), and (c) of this section. Such designation shall subject the information produced or provided under said designation to the provisions of this Order. All or any portion of any documents, transcripts, writings or recordings of any sort which substantially quote or paraphrase information regarding the Confidential Information shall also be deemed “CONFIDENTIAL” and subject to the terms and conditions of this Order. The parties shall act in good faith and on a reasonable basis when designating material “CONFIDENTIAL.”

(a) Any writing produced by any party or person in this litigation may be designated as ”CONFIDENTIAL” by any of the parties to this litigation by stamping the word “CONFIDENTIAL” on the confidential portions of the writing. Alternatively, a party may designate any writing as “CONFIDENTIAL” by identifying any such confidential portion by bates number and designating it as “CONFIDENTIAL” in a letter to the opposing party(s)’ counsel submitted with or prior to the production of such document.

(b) At the deposition, any party to this litigation may designate deposition testimony or any portion of deposition testimony as “CONFIDENTIAL” by advising the reporter and counsel of such designation. All transcripts of depositions and deposition exhibits, and all information addressed in deposition, shall be treated in their entirety as Confidential Information for twenty (20) business days after such transcripts and exhibits are actually received by counsel for each party. During the twenty (20) day period or thereafter, any party may designate deposition testimony or any portion of deposition testimony as “CONFIDENTIAL” by advising counsel of such designation. Portions of any deposition designated “CONFIDENTIAL” which are to be filed with the Court shall be filed under seal, bearing substantially the following designation: “Portions of this deposition were taken subject to a Confidentiality Agreement. These portions shall remain sealed until further agreement of the parties.” Whenever any writing designated as “CONFIDENTIAL” is identified as an exhibit in connection with testimony given in this case, it shall be so marked and separately filed under seal with the Court.

(c) Any party to this litigation may designate specific responses to information requests, including requests for production responses and interrogatory answers, “CONFIDENTIAL” by labeling the specific response or portion of it “CONFIDENTIAL.”

         2. Filing Under Seal.

         Whenever any Confidential Information is used or submitted to the Court in conjunction with any filing or proceeding in this litigation, it shall be so marked and shall be filed separately under seal with the Court under Local Rule 79-5. Where possible, only “CONFIDENTIAL” portions of filings with the Court shall be filed under seal.

         3. Access to Confidential Information.

         Except upon prior written consent of the party asserting “CONFIDENTIAL” treatment or upon further order of a court of competent jurisdiction, Confidential Information shall be held in strict confidence and shall be used solely for the purposes of prosecution or defense of this litigation. Access to Confidential Information shall be limited to:

(a) the Court, including any Court personnel assisting the Court, stenographers or other persons involved in taking or transcribing court or deposition testimony in this action,

(b) the parties, attorneys representing the parties and paralegal, clerical and secretarial employees of such attorneys;

(c) the officers, directors, agents or employees of the parties participating in the prosecution, defense, settlement or ...