The opinion of the court was delivered by: Patrick J. Duggan United States District Judge
STIPULATED PROTECTIVE ORDER
The Parties, by their counsel, having stipulated and agreed to the entry of this Protective Order pursuant to Fed. R. Civ. Pro. 267(c),
1. In connection with the discovery proceedings in this action, the parties or third-party witnesses may designate as CONFIDENTIAL or CONFIDENTIAL-ATTORNEY'S EYES ONLY any document, thing, material, testimony, or other information derived therefrom (hereinafter "Confidential Material") under the terms of this Stipulated Confidential Information Protective Order (hereinafter "Order") which the party or third-party believes reflects any confidential or proprietary information, including but not limited to personnel information contained in documents regarding unnamed, third-party witnesses. A claim of confidentiality must be made in good faith.
2. Confidential Material shall be so designated by either (A) a letter from counsel accompanying production of the documents or copies which identifies by Bates-stamped document numbers those documents which will be considered and treated as "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEY'S EYES ONLY," or (B) stamping copies of each document produced to a party with the legend "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEY'S EYES ONLY" as is appropriate. Any claim of confidentiality shall be made at the time the document or copy is produced. If, at the time of disclosure, a disclosing party inadvertently fails to mark a document which it considers to contain Confidential Material, the disclosing party may give written notice to the receiving party of the omission; and the receiving party shall treat the document as CONFIDENTIAL OR CONFIDENTIAL-ATTORNEY'S EYES ONLY, as is appropriate, from the date of notice onward.
3. Testimony taken at a deposition, conference, hearing, or trial may be designated as containing Confidential Material by either making a statement to that effect on the record at the deposition or other proceeding, in which case the court reporter taking and transcribing such proceeding will bind such portions of the transcript containing Confidential Material and label such portions appropriately, as "CONFIDENTIAL" or CONFIDENTIAL-ATTORNEY'S EYES ONLY, " or by giving written notice to all counsel of record within thirty (30) days after a deposition transcript is received by the deponent or his counsel. The testimony and the transcript of that testimony are to be treated as CONFIDENTIAL until thirty (30) days after receipt of the transcript by counsel for the disclosing party, with the exception of those sections which have been designated CONFIDENTIAL-ATTORNEY'S EYES ONLY, which sections will be treated as having said status. After thirty (30) days following said receipt, the transcript, to the extent not otherwise designated as CONFIDENTIAL OR CONFIDENTIAL ATTORNEY'S EYES ONLY in a writing served on other counsel, shall be considered non-confidential.
4. Confidential Material designated under this Order, the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part therefrom shall be used only for the purpose of the prosecution, defense, or settlement of this action, and for no other purpose.
5. Confidential Material produced pursuant to this Order designated as CONFIDENTIAL may be disclosed or made available only to the Court, to outside trial counsel for a party (including the paralegal, clerical, and secretarial staff employed by such outside trial counsel), and to the "qualified persons" designated below:
(a) a party, or an officer, director, or employee of a party deemed necessary by counsel to aid in the prosecution, defense, or settlement of this action;
(b) outside experts or consultants (together with their clerical staff) retained by such counsel to assist in the prosecution, defense, or settlement of this action;
(c) court reporter(s) employed in this action; and
(d) any other person as to whom the parties in writing agree.
6. Depositions shall be taken only in the presence of qualified persons. Notwithstanding the treatment of any transcript of testimony as CONFIDENTIAL for the thirty-day period as set forth in paragraph 3 herein, any party representatives and other qualified person may attend a deposition until such time as the deposition proceeding is designated CONFIDENTIAL or CONFIDENTIAL-ATTORNEY'S EYES ONLY, and thereafter the portions of the deposition proceeding so ...