Opinion
Case No. 2-04-CV-180.
June 17, 2004
Mark O. Morris (4636), James D. Gardner (8798), Snell Wilmer L.L.P., Salt Lake City, Utah, Attorneys for Defendant Discover Financial Services, Inc.
Robert H. Wilde, Reid C. Davis, Attorneys for Plaintiff.
STIPULATED PROTECTIVE ORDER
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, Plaintiff Leslie Towner. (" Towner"), and Defendant Discover Financial Services, Inc. (" Discover") submitted a Joint Stipulation and Motion for Protective Order. Having reviewed the Motion and Stipulation, and for good cause, IT IS HEREBY ORDERED that:
1. This Protective Order shall govern discovery between Towner and Discover in the above-referenced matter.
2. For the purposes of conducting this litigation, any written, printed, recorded, or graphic matter of any kind produced in discovery, designated as "Confidential Information" pursuant to the terms of this Stipulated Protective Order, and any information elicited at deposition, designated as "Confidential Information" pursuant to the terms of this Stipulated Protective Order, may be disclosed only to the following persons:
a. The parties and the attorneys working on this matter on behalf of any party to this litigation and the attorneys' employees, their insurers and/or agents, unless marked "Confidential Information — Attorneys' Eyes Only," which information shall not be disclosed to the parties;
b. Any person retained as an expert or consultant by a party to this lawsuit or their attorneys to assist in the development of facts, theories or in preparation of this matter for trial;
c. Persons employed or employed in the past by Discover or Towner who work directly on this litigation or assist in the development of facts, theories or testimony, with disclosure only to the extent necessary to perform such work;
d. Any other persons of whom testimony is taken or to be taken in this litigation, except that such information may be disclosed to such persons only in preparation for or during his or her testimony;
e. The Court and Court officials involved in this matter (including court reporters, and persons operating video equipment at depositions); or
f. Any person who is identified as the author or recipient of the information.
3. Any written, printed, recorded, or graphic matter of any kind produced in discovery, designated as "Confidential Information" pursuant to this Stipulated Protective Order, and any information elicited at deposition, designated as "Confidential Information" pursuant to this Stipulated Protective Order, shall only be disclosed or used for purposes of this litigation.
4. For purposes of this Order, "Confidential Information" shall refer to information designated by Discover or Towner as containing a trade secret, confidential information, development, commercial, or other proprietary business information within the meaning of Fed.R.Civ.P. 26(c)(7). The parties agree that information and testimony shall only be considered "Confidential Information" if grounds for confidentiality are identified either by document or group of documents. "Blanket" confidentiality designations are not allowed.
5. 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 or parties.
6. Whenever any party desires to designate deposition testimony as Confidential Information, counsel for the designating witness 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 20 days after receipt of the transcript.
7. Any Confidential Information submitted or presented to, or filed with the Court shall not be made available to persons other than the Court, and persons authorized by this Order, except as directed by the Court.
8. Any filing made with the Clerk of the Court, as such filing may be required or permitted by the local rules of this Court, which contains or has attached to it Confidential Information shall be filed under seal and shall remain under seal (except that it may be unsealed for examination by the Court as necessary). For good cause shown, the Court may order that such filing or portions thereof be unsealed.
9. The restrictions set forth in this Order shall not apply to information which, prior to disclosure in this litigation, was public knowledge or which, after disclosure in this litigation, becomes public knowledge other than through an act or omission of the non-producing party.
10. Nothing in this Order shall prevent Discover or Towner from seeking modification of this Order or from objecting to discovery requests in accordance with the applicable provisions of the Federal Rules of Civil Procedure.
11. When the designation of information as Confidential is challenged, any party may, after conferring with opposing counsel in an effort in good faith to resolve the issues by agreement, move the Court for a ruling that the documents or testimony designated as Confidential has not been properly designated. The burden of proof that such document or testimony shall be protected from disclosure under the Federal Rules of Civil Procedure is upon the party seeking protection. Until such time as the Court rules on such motion, the parties shall treat the documents and information as though it were properly designated.
12. At the end of this litigation, Discover and Towner shall either destroy or return any written, printed, recorded, or graphic matter of any kind produced in discovery. For purposes of this Order, this litigation is ended when all claims and defenses asserted by the parties are finally resolved through litigation or settlement.