The opinion of the court was delivered by: Hon. Patrick J. Duggan
STIPULATED PROTECTIVE ORDER
The parties having stipulated that discovery in this matter may involve the disclosure of confidential, proprietary, technical, development, marketing, business and financial information, and the parties having stipulated to the following protective order pursuant to Fed. R. Civ. P. 26(c); and the Court being otherwise fully advised in the premises;
IT IS HEREBY ORDERED that the production and use of documents and information produced in this matter shall proceed in accordance with the following terms:
1. Scope of Order. This Stipulated Protective Order shall be applicable to and govern: all depositions (including exhibits); documents produced in response to discovery requests, formal or otherwise; answers to interrogatories; responses to requests for admissions; and all other discovery taken; as well as submissions to the Court; testimony given at trial, or during a hearing; and other materials or information produced in this matter (collectively, the "PRODUCED" information).
This Stipulated Protective Order also shall be applicable to certain privileged information, as discussed below.
2. "CONFIDENTIAL" Information. "CONFIDENTIAL" information is information that is: (a) confidential, sensitive, competitive, or potentially invasive of an individual's privacy interests; (b) not generally known; or (c) not normally revealed to the public or third parties or, if disclosed to third parties, would require such third parties to maintain the information in confidence.
3. "ATTORNEY'S EYES ONLY" Information. "ATTORNEY'S EYES ONLY" information is limited to information that contains or refers to trade secrets or other confidential or technical research, development, business or financial information that, if disclosed to a business competitor, may tend to damage the producing party's competitive position.
4. Marking of "CONFIDENTIAL" or "ATTORNEY'S EYES ONLY" Information. The designation of information as "CONFIDENTIAL" or "ATTORNEY'S EYES ONLY" will be made by placing or affixing on each page of the document or other material (in a manner that will not interfere with its legibility), the words "CONFIDENTIAL" or "ATTORNEY'S EYES ONLY," respectively.
5. No Marking at Inspection. When files and records are produced for inspection, no marking need be made in advance of the inspection. For purposes of this initial inspection, all documents in any produced files shall be considered marked as "ATTORNEY'S EYES ONLY" information. Thereafter, upon selection of specified documents for copying by the inspecting party, the producing party shall mark the copies of such documents with the appropriate confidentiality marking at the time that the copies are produced to the inspecting party.
6. Deposition Testimony. If information to be treated in confidence is contained in deposition testimony, the transcript may be designated as containing "CONFIDENTIAL" or "ATTORNEY'S EYES ONLY" information by so notifying the other parties on the record at the time of the testimony, or by notifying the other parties in writing within 10 business days after the transcript has been officially transcribed of the specific pages and lines of the transcript that contain such information. Such written notification shall specify the designation, whether "CONFIDENTIAL" or "ATTORNEY'S EYES ONLY," by page and line number. All deposition testimony, regardless of whether a designation of confidentiality was made on the record, shall be treated as containing "ATTORNEY'S EYES ONLY" information until 10 business days after a transcript has been officially transcribed. After such 10 day period has expired, and in the absence of any written notice concerning the specific portions of the transcript that a party believes contains "CONFIDENTIAL" or "ATTORNEY'S EYES ONLY" information, the transcript of the deposition testimony shall be treated as designated on the record at the time of testimony, or if no designation was made, then the transcript of testimony shall not be treated as a confidential document under the terms of this Stipulated Protective Order.
Unless otherwise agreed to by the parties in writing or on the record, an individual not qualified to receive "CONFIDENTIAL" or "ATTORNEY'S EYES ONLY" information shall not be in attendance at that portion of a deposition during which "CONFIDENTIAL" or "ATTORNEY'S EYES ONLY" information is being disclosed.
7. Effect of Designation. The designation of information as "CONFIDENTIAL" or "ATTORNEY'S EYES ONLY" shall constitute a representation that the attorney for the producing party believes that there is a valid basis for such designation. The designation or failure to designate information as "CONFIDENTIAL" or "ATTORNEY'S EYES ONLY" may not be used against the producing party as an admission or concession that the designated information is or is not, in fact, confidential, proprietary, a trade secret, or otherwise sensitive.
8. Permissible Use of "PRODUCED, "CONFIDENTIAL" or "ATTORNEY'S EYES ONLY" Information. "PRODUCED," "CONFIDENTIAL" or "ATTORNEY'S EYES ONLY" information shall be used only for the purpose of this litigation. Use of such information in any other litigation or for any other purpose is expressly prohibited. Notwithstanding any other provision contained herein, this Stipulated Protective Order does not restrict or otherwise effect the rights of a party or other person from using its own "PRODUCED," "CONFIDENTIAL" or "ATTORNEY'S EYES ONLY" information for any purpose.
9. Limited Access to "CONFIDENTIAL" Information. Except for counsel to the parties to this litigation, counsels' employees, employees of outside copy services used to make copies of "CONFIDENTIAL" information, couriers, court personnel, the jury, and court reporters, access to "CONFIDENTIAL" information shall be limited to:
a. The individual parties and the officers, directors, or employees of the parties who are assisting in the preparation of, or making decisions with respect to the conduct of, this litigation;
b. Experts and consultants who are employed, retained or otherwise consulted by counsel of record for the parties for the purpose of analyzing data, conducting studies or ...