Richard M. Kerger, (0015864) Kimberly A. Conklin, (0074726) KERGER & HARTMAN, LLC Toledo, OH, Attorneys for Defendant Attachmate Corp.
David J. Butler, Trial Counsel (0068455) Leon D. Bass (0069901) Jason H. Beehler (0085337) Beth A. Bryan (0082076) TAFT STETTINIUS & HOLLISTER, LLP, Columbus, Ohio Attorneys for Plaintiff TriHealth, Inc.
STIPULATED PROTECTIVE ORDER
KAREN L. LITKOVITZ, Magistrate Judge.
WHEREAS, the parties in the above-captioned matter anticipate that they will make available in discovery certain information of a confidential nature and the parties have agreed that the following restrictions shall apply to such information, it is ordered, pursuant to Fed.R.Civ.P. 26(c), that the following provisions shall govern the documents, materials, deposition testimony and other things or other portions thereof (and the information contained therein) produced by the parties or non-parties to this litigation (collectively "Discovery Materials"). The "Litigation" means the abovecaptioned matter (or as the caption may be modified), and any appeal from, through final judgment.
1. Designation of "Confidential" and "Highly Confidential/Attorney Eyes Only" Discovery Material.
All Discovery Materials, including initial disclosures, responses to discovery requests, deposition testimony and exhibits, and information derived directly therefrom or portion thereof produced by the parties or non-parties, whether pursuant to subpoena, order of the court or voluntarily, may be designated by any party or other person, including non-party recipients of discovery requests as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL/ATIORNEYS EYES ONLY, " if such party or person believes in good faith, upon reasonable inquiry, that the Information qualifies as such.
(a) "CONFIDENTIAL" information means information designated as "CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER" by the producing party that falls within one or more of the following categories: (a) information prohibited from disclosure by statute; (b) information that reveals trade secrets; (c) research, technical, commercial, or financial information that the party has maintained as confidential; (d) medical information concerning any individual; (e) personal identity information; (f) income tax returns (including attached schedules and forms), W-2 forms and 1099 forms; or (g) personnel or employment records of a person who is not a party to the case. Information or documents that are available to the public may not be designated as confidential information.
(b) "HIGHLY CONFIDENTIAL/ATIORNEY EYES ONLY" information is all non-publicly available information of a highly sensitive or proprietary nature, including personal and confidential information relating to current and former employees, financial information, information technology and data processing, trade secret and proprietary information, highly sensitive and nonpublic research and analysis, customer information, highly sensitive marketing and strategic business planning information (including past information indicating current practices), current or any future pricing information, information relating to research, development, testing of, and plans for, a party's existing and proposed future products, information relating to the processes, apparatus, or analytical techniques used by a party in its past, present or proposed commercial production of such products, information relating to acquisitions or potential acquisitions of assets, intellectual property or businesses, communications regarding the Highly Confidential material, deposition testimony, interrogatory responses, or other Discovery Material or testimony regarding the Highly Confidential material, and any other information that a party believes in good faith could be used by a competitor to harm its business; and personal, health or medical information that is protected from disclosure by operation of federal and state constitutional, statutory and regulatory law protecting the privacy rights of individuals including HIP AA.
2. Method for Designating "Confidential" and "Highly Confidential/Attorney Eyes Only" Discovery Material.
Designation of Discovery Material as "Confidential or "Highly Confidential/Attorney Eyes Only" shall be made by affixing to each such Discovery Material one of the following legends:
HIGHLY CONFIDENTIAL/ATIORNEY EYES ONLY
(a) This legend shall be affixed to each page of any document designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL/ATTORNEY EYES ONLY, " but shall not obscure any part of the text. A designation shall subject the document, and its contents, to this Order without any further action.
(b) A party or person may designate electronic native format files as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL/ATTORNEY EYES ONLY, " as appropriate, by noting such designation in an accompanying cover letter and on the CD or other media device on which such files are produced, without need to include additional designations within each electronic native format file.
(c) With respect to answers to interrogatories or requests for admission, each page ofthese responses containing "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL/ATTORNEY EYES ONLY, " information shall be so marked.
(d) Any person giving deposition or hearing testimony in this litigation proceeding may designate any or all of the testimony "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL/ATTORNEY EYES ONLY, " on the record while the deposition is being taken, either personally or through counsel. Additionally, a party may designate all, or any portion of, the transcript of any deposition (or any other testimony) as containing "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL/ATTORNEY EYES ONLY, " information by notifying the opposing party in writing, within five (5) business days of receipt of the final transcript (receipt of rough draft will not count towards the 5 business days). All such transcripts shall provisionally be treated as "Highly Confidential Attorney Eyes Only" until the later of the date the testimony is so designated, or five (5) business days after the final transcript is received.
3. Use of Discovery Material.
As to Discovery Material or portions thereof, the receiving party shall not disclose such Discovery Material or portion (or the contents thereof) to others or otherwise use Discovery Material or portion (or the contents thereof) for any purpose other than the Litigation and in accordance with the terms of this Order. Notwithstanding this provision, a receiving party's use of Discovery Material that already is publicly available is not restricted.
4. Disclosure of and Access to "Confidential" Discovery Material.
"Confidential" Discovery Material may be disclosed, as necessary, to:
(a) The Court and Court personnel;
(b) Court reporters, mediators, and the employees of such persons;
(c) Attorneys of record for a party, and their employed secretaries, paralegals, legal assistants, as well as outside support services hired by such attorneys (including, without limitation, copy services, document management services, and graphic ...