Opinion
Case No. 2:03cv898 TC
May 12, 2004
R. Willis Orton, Daniel J. McDonald, Romaine C. Marshall, KIRTON McCONKIE, Salt Lake City, Utah, for Defendant
David J. Holdsworth, for Plaintiff
STIPULATED PROTECTIVE ORDER
The Court, having considered the Stipulation and Joint Motion for Entry of Protective Order of the parties and for good cause appearing;
IT IS HEREBY ORDERED that any person subject to this Order shall adhere to the following terms upon pain of contempt:
1. For purposes of this Protective Order, the term "Confidential Information" shall refer to information which a party believes in good faith to be related to Defendant's policies, practices, and procedures, or other proprietary business or financial information within the meaning of Fed.R.Civ.P. 26(c). Such Confidential Information may be contained in documents produced in initial disclosures or written or oral discovery, and designated as "CONFIDENTIAL" as set forth below. Confidential Information obtained pursuant to initial disclosures or discovery in this litigation pursuant to Rules 26-36, Fed.R.Civ.P., shall be maintained by the receiving party in confidence and may only be used for purposes of this litigation.
2. Whenever a party which produces a document desires to designate information contained in the document as Confidential Information, that party shall mark each page of the document with the legend, "CONFIDENTIAL" before the document is delivered to the requesting party. A party may designate information contained in a document produced by a third party as Confidential by notifying the other parties to this litigation in writing within 30 days of receipt of copies of the documents produced. Any copy of a document which contains Confidential Information shall bear on its face a "CONFIDENTIAL" legend.
3. Whenever a party desires to designate deposition testimony as Confidential Information, counsel for such party shall designate on the record of the deposition what testimony shall be so designated, and may also, upon receipt of the transcript, designate further portions of the transcript as Confidential Information by notifying all parties to this litigation in writing within 30 days after receipt of the transcript.
4. If at any time prior to the trial of this action, a producing party realizes that certain documents or deposition testimony that party previously produced without limitation should be designated as Confidential Information, the party may so designate by apprising all parties in writing. Such designated documents or deposition testimony will thereafter be treated as Confidential Information under the terms of this Order.
5. If a party objects to the designation of information as Confidential or requests still further limits on disclosure (such as "attorney's eyes only"), that party shall notify the other in writing of the objection or request. The party making the designation and the party objecting to the designation will confer in good faith regarding any dispute over the designation. If these parties are unable to resolve such a dispute, either party may ask the Court to make a determination.
6. Confidential Information may be disclosed only to the following persons: (a) the parties; (b) the attorneys working on this matter on behalf of any party to this litigation and the attorneys' employees; (c) any person who is retained by any party or attorney to assist in preparation of this matter for trial, but only after such person has been provided a copy of this Order and has acknowledged his/her willingness to abide by the Order by executing an Acknowledgment of Protective Order in the form attached as an exhibit hereto; (d) any witness who will testify at a deposition or trial, but only after such person has been provided a copy of this Order and has acknowledged his/ her willingness to abide by the Order by executing an Acknowledgment of Protective Order in the form attached as an exhibit hereto; and (e) the Court and Court personnel.
7. Any person who makes a disclosure of Confidential Information permitted under the foregoing sub-paragraphs 6(c) and (d) shall first advise each person to whom such disclosure is made concerning the terms of this Order, and provide them with a copy of this Order and have them sign an Acknowledgment of Protective Order in the form attached as an exhibit hereto. Each signed Acknowledge of Protective Order shall be retained by the disclosing party's counsel who will produce it to all other parties' counsel either prior to the person being permitted to testify (at deposition or at trial) or at the conclusion of the case, whichever comes first.
8. Any confidential Information submitted or presented to, or filed with the Court shall be filed under seal and shall not be made available to persons other than the Court and persons authorized by this Order,
9. Confidential Information obtained pursuant to this Order may be used by the person who receives the information for purposes of this litigation only. The person shall not use Confidential Information in any other litigation, for commercial purposes or for any other purposes. This Order is not limited to disclosure of the documents or materials themselves, but also prohibits disclosure of the substance of the information contained in the documents and materials designated as confidential, except as provided herein.
10. The Order shall survive the termination of this ligation. At the end of each party's involvement in this litigation, the party shall either destroy or return all documents or deposition transcripts containing Confidential Information to the party which designated the information. For purposes of this Order, a party's involvement in this litigation is ended when all claims the party has asserted and all claims asserted against that party are finally resolved by a final, non-appealable order or settlement.
11. The Court shall retain jurisdiction over all persons subject to this Order to the extent necessary to enforce any obligations arising hereunder or to impose sanctions for any contempt thereof.