Gillion v. Hamrick

          MARK N. GELLER. BAR NO. 2014020, Attorney for Plaintiff

          AGREED PROTECTIVE ORDER

          D. P. MARSHALL JR., UNITED STATES DISTRICT JUDGE

         The parties to this action have requested that a Protective Order be entered, and good cause appearing therefore, it is so ordered by the Court as follows:

         1. The term "Confidential Information" is defined as information that the producing party designates in good faith has been previously maintained in a confidential manner and should be protected from disclosure and use outside the litigation because its disclosure and use are restricted by statute or could potentially cause harm to the interests of the disclosing party or nonparties. For purposes of this Order, the parties will limit their designation of "Confidential Information" to the following categories of information or documents:

a. Commercial information that is not publicly known, the disclosure of which would provide a competitor with an advantage or otherwise could be used to the financial detriment of the producing party;

b. Documentation revealing sensitive or personal data or information; and

c. Documentation that the providing party is under a legal or contractual obligation to maintain as confidential.

         Information or documents that are available to the public may not be designated as Confidential Information.

         2. The producing party may designate documents as containing Confidential Information and therefore subject to protection under this Order by marking or placing the words "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER'" on the document and all copies in a manner that will not interfere with the legibility of the document.

         3. The following shall govern as to all "Confidential Information":

         a. All documents designated as "Confidential Information" and the information contained therein shall be treated as confidential by the parties and their attorneys, and they shall not permit disclosure of any such document, its contents or any portion thereof. "Confidential Information" may be disclosed or made available to the Court, to counsel for a party (including the paralegal, clerical and secretarial staff employed by such counsel), and, to the "qualified" persons designated below:

1) Experts or consultants (together with their clerical staff) retained by such counsel to assist in the prosecution, defense, or settlement of this action;

2) Court reporters employed in this action;

3) A witness at a deposition or other proceeding in this action with the express understanding that any portions of testimony describing or otherwise addressing "Confidential Information" will be ...