PREPARED AND APPROVED BY: Mitchell L. Herren (KS #20507), Bradley J. Schlozman (KS #17621), Sean D. Walsh (KS #25052), Hinkle Law Firm LLC, Attorneys for Defendant.
APPROVED BY:Brooke R. Amos, Albert F. Kuhl (KS #12478), Law Offices of Albert F. Kuhl and Brooke R. Amos (KS #25070), Law Offices of Brooke Amos, Attorneys for Plaintiffs.
JAMES P. O’HARA, U.S. MAGISTRATE JUDGE.
The parties believe that discovery in this action will necessarily involve the review and production of sales data and projections, customer information, cost and pricing data, and other business information that is non-public, confidential, or proprietary (collectively referred to as “Confidential Material”). The parties therefore believe there is good cause for the entry of a protective order pursuant to Fed.R.Civ.P. 26(c). Accordingly, the parties have stipulated and agreed, and it is the Order of the Court that:
1. Documents, testimony, or other material that contains confidential information, including, but not limited to, sales data and projections, customer information, cost and pricing data, and other non-public, confidential, or proprietary business information, the public disclosure of which would cause harm to a party, shall be treated as Confidential Material and used only in accordance with the provisions of this Protective Order, provided that the party claiming protection clearly identifies Confidential Material at the time of production:
(a) in the case of documents or other tangible things, by stamping or marking on each document a legend stating that the material is Confidential;
(b) in the case of documents or other tangible things produced by a third party by agreement or in response to a subpoena, by having the responding party mark the documents pursuant to the procedure referenced in subpart (a) above, or, if the responding party fails to do so, within ten (10) days after production, a party designates the documents Confidential;
(c) in the case of testimony, by indicating the portion of the testimony that it is Confidential.
2. Confidential Material shall include summaries, excerpts, or other documents or materials (but not pleadings, motions, or memoranda filed with the Court) that incorporate information obtained from Confidential Material.
3. Confidential Material shall be used by the party receiving it solely for pre-trial investigation and discovery, preparation for trial, trial, or other proceedings in this litigation, and shall not be used for any other purpose; provided, however, that this shall not preclude the disclosure of Confidential Material pursuant to lawful order or request of any court or federal agency.
4. Confidential Material may be disclosed only to the following persons:
(a) The attorneys for the parties and their legal assistants, secretaries, and support personnel who are directly employed by those attorneys and who are assisting them in this action;
(b) The plaintiff and defendants in this action, including their officers, directors, partners, members and current or former employees whose assistance is required in preparing for trial and who need ...