Opinion
Civil No. 2:01-CV-00726 ST
December 14, 2003
FRED R. SILVESTER, SPENCER SIEBERS, SILVESTER CONROY, L.C., Salt Lake City, Utah
SAMUEL S. McHENRY, Salt Lake City, Utah, for Plaintiff
Aaron Alma Nelson, NELSON, CHIPMAN, QUIGLEY HANSEN, Salt Lake City, Utah
STIPULATION AND PROTECTIVE ORDER
Defendant Fire Insurance Exchange, through its counsel of record and pursuant to Rule 26 Fed.R.Civ.P., moves the court for a protective order covering and protecting all competitively sensitive data and confidential information produced by it, as set forth in the Protective Order below.
STIPULATION
Defendant Fire Insurance Exchange, by and through its undersigned counsel of record, and Plaintiff, by and through her undersigned counsel of record, stipulate and agree to the terms and conditions of the Protective Order as set forth below.ORDER
IT IS HEREBY ORDERED THAT:
1. Plaintiffs and plaintiffs' attorneys shall not give, show or otherwise, either directly or indirectly, divulge any competitively sensitive documents, data and/or information produced in this action by Fire Insurance Exchange, or the substance thereof, or any copies, descriptions, prints, negatives, or summaries thereof (hereinafter "confidential information"), to any entity or person except plaintiff herein, or experts and consultants employed by plaintiffs herein, in connection with and solely for this action.
2. Any of plaintiffs' experts and/or consultants in this action who are given access to confidential information shall be presented with a copy of this protective order and agree in writing to be bound by its provisions. Said experts and consultants shall not give, show, or otherwise directly or indirectly divulge such confidential information produced in this action to any entity or person, except as may be necessary in preparing to render, or rendering expert advice, assistance, or testimony in this action.
3. "Confidential information" shall include information about a business, product, practice or procedure which, in the ordinary course of business, is not voluntarily disclosed by the owner to the public, third persons or entities who do not have a need to know, and includes trade secrets, confidential, proprietary and commercial information. Confidential information also includes depositions, briefs, pleadings, exhibits and documents produced during this litigation that contain confidential information.
4. Confidential information shall be designated by stamping or labeling such document or thing "Confidential — Protected by Court Order."
5. Whenever attorneys for plaintiffs or defendants propose to use any confidential information subject to this order, by way of either referring to the protected material in a brief, or attaching same as an exhibit, or in any way filing any of the materials covered by this order with the Court, such brief and/or such materials shall be filed in camera with the Court.
6. By this order, the parties do not waive any rights they may possess to compel discovery responses for information or to object to any discovery requests made by either party.
7. On completion of the trial and any appeals in this action and the satisfaction of any judgment, or upon conclusion of any settlement, all counsel, parties, consultants, experts and others who have obtained confidential information shall upon request, return to counsel for Fire Insurance Exchange all such confidential information produced in this action, and any and all copies, prints, negatives, and summaries thereof.
8. The terms of this order shall remain fully active until released by order of this Court or the written consent of the moving defendant, and this Court shall retain jurisdiction over this order and the foregoing stipulation for the purposes of enforcing same and adjudicating claims of breaches thereof and administering damages and other remedies related thereto.
9. This protective order extends to any confidential information which may be entered into evidence or proffered as evidence during the trial herein and all such materials and information are to be deemed sealed by this protective order.
SO ORDERED