The opinion of the court was delivered by: Wm. R. Wilson, Jr. United States District Judge
The parties to this action ("parties"), have stipulated that certain discovery material is and should be treated as confidential, and have requested that I enter a confidentiality order.
The terms of this order are appropriate and protect the interests of the parties, the public, and the court. Accordingly, it is ORDERED:
1. Scope. All documents produced in the course of discovery, all responses to discovery requests and all deposition testimony and deposition exhibits and any other materials which may be subject to discovery (hereinafter collectively "documents") will be subject to this Order concerning confidential information as set forth below.
2. Form and Timing of Designation. Confidential documents will be so designated by placing or affixing the word "CONFIDENTIAL" on the document in a manner which will not interfere with the legibility of the document and which will permit complete removal of the Confidential designation. Documents will be designated CONFIDENTIAL prior to, or contemporaneously with, the production or disclosure of the documents,except for documents produced for inspection under the "Reading Room" provisions set forth in paragraph 4 below. Inadvertent or unintentional production of documents without prior designation as confidential will not be deemed a waiver, in whole or in part, of the right to designate documents as confidential as otherwise allowed by this Order.
3. Documents Which May be Designated Confidential. Any party may designate documents as confidential but only after review of the documents by an attorney*fn1 who has, in good faith, determined that the documents contain information protected from disclosure by statute, sensitive personal information, trade secrets, or confidential research, development, or commercial information. The certification will be made concurrently with the disclosure of the documents, using the form attached at Attachment A which will be executed subject to the standards of Rule 11 of the Federal Rules of Civil Procedure. Information or documents which are available in the public sector may not be designated as confidential.
4. Reading Room. In order to facilitate timely disclosure of large numbers of documents which may contain confidential documents, but which have not yet been reviewed and marked, the following "Reading Room" provisions may be utilized.
a. Documents may be produced for review at a party's facility or other controlled location ("Reading Room"), prior to designation as confidential. After review of these documents, the party seeking discovery may specify those for which further production is requested. The producing party will then copy the requested documents for production. To the extent any of the requested documents warrant a CONFIDENTIAL designation, the copies will be so marked prior to further production.
b. Unless otherwise agreed or ordered, copies of Reading Room documents will be requested within twenty days of review in the Reading Room and will be produced within thirty days after the request is made.
c. The producing party will maintain a log of persons who have reviewed documents in the Reading Room and the dates and time of their presence.
d. The production of documents for review within the confines of a Reading Room will not be deemed a waiver of any claim of confidentiality, so long as the reviewing parties are advised that the Reading Room production is based on this provision and that the Reading Room may contain confidential materials which have not yet been marked as confidential.
e. Until such time as further production is made of documents reviewed in a Reading Room, the reviewing party will treat all material reviewed as if it was marked CONFIDENTIAL at the time reviewed.
5. Depositions. Portions of depositions will be deemed confidential only if designated as such when the deposition is taken or within seven business days after receipt of the transcript. Such designation will be specific as to the portions to be protected.
6. Protection of Confidential Material.
Documents designated CONFIDENTIAL under this Order will not be used or disclosed by the parties or counsel for the parties or any other persons identified below (¶ 6.b.) for any purposes whatsoever other than preparing for and conducting the litigation in which the documents were disclosed (including any appeal of that litigation). The parties will not disclose documents designated as confidential to putative class members not named as plaintiffs in putative class litigation unless and until one or more classes have been certified.
b. Limited Third Party Disclosures
The parties and counsel for the parties will not disclose or permit the disclosure of any documents designated CONFIDENTIAL under the terms of this Order to any other person or entity except as set forth in subparagraphs (1)-(5) below, and then only after the person to whom disclosure is to be made has executed an acknowledgment (in the form set forth at Attachment B), that he or she has read and understands the terms of this Order and is bound by it. Subject to these requirements, the ...