Opinion
Civil No. 2:04 CV00454 PGC.
August 10, 2005
Paul M. Belnap, Andrew D. Wright, STRONG HANNI, Salt Lake City, Utah, Attorneys for Defendant.
SUMSION CRANDALL, pc, Grant M. Sumsion, Attorneys for Plaintiffs.
PROTECTIVE ORDER
Based on the Joint Stipulation and Motion for Protective Order, and for good cause appearing, it is:
HEREBY ORDERED, ADJUDGED and DECREED that a Protective Order shall issue in this case containing the following terms:
1. Any party producing documents or things containing information to be governed by this Protective Order shall designate the document or thing by labeling it "CONFIDENTIAL."
2. Any party believing that documents or things produced by the opposing party and labeled "CONFIDENTIAL," are not appropriately designated as such may bring a motion before the Court to determine whether such documents or things are appropriately designated as "confidential" and thereby subject to the terms of this Protective Order.
3. Unless otherwise ordered by the Court, information designated as "confidential" may be used only for purposes of this litigation, and may be disclosed in this litigation only to the parties, their counsel, counsel's staff, consultants and witnesses.
4. If any information designated as confidential is to be filed with or submitted to the Court in connection with any proceedings in this action, such information shall be filed in sealed envelopes or containers marked with the name of the case and the notation:
CONTAINS CONFIDENTIAL INFORMATION COVERED BY PROTECTIVE ORDER. TO BE OPENED ONLY (1) BY OR AS DIRECTED BY THE COURT OR (2) BY WRITTEN AGREEMENT OF THE PARTIES.
Courtesy copies of pleadings, papers or correspondence delivered to the judge or his clerk that contain confidential information shall also be sealed and shall be marked with the name of the case and the notation:
5. Confidential information may be used as trial exhibits in this action and shall continue to be marked as confidential throughout trial.
6. Confidential information, including all information derived therefrom, and all copies, summaries, abstracts, excerpts, indices and descriptions of such information shall be held in confidence and shall be used only for purposes of this litigation, shall not be made public by any party or person entitled under the terms of this Protective Order to access to such information, and shall not be used for any financial, commercial, marketing, business, or other competitive purpose.
7. Upon final termination of this action, including all appeals, the party receiving confidential information may retain with its counsel of record in this case any of such information to the extent it includes or reflects the receiving attorney's work product or constitutes one complete set of all documents filed with the Court in this action. With respect to any such retained information, this Protective Order shall survive the final termination of this action and continue to be binding upon all persons to whom the information is disclosed hereunder. Within (30) days of final termination of this action, including all appeals, all other copies and samples of confidential information and any other summaries, abstracts, excerpts, indices, and descriptions of such information shall be returned to the producing party's counsel.