Form 5 - Stipulation For Protective Order (Page 3 of 8) in pdf

Form 5 - Stipulation For Protective Order Page 3

designate documents as "Confidential" or "Confidential - Attorneys' Eyes Only", subject to the

same protections and constraints as the parties to the action. A copy of the Protective Order

shall be served along with any subpoena served in connection with this action. All documents

produced by such third parties shall be treated as "Confidential - Attorneys' Eyes Only" for a

period of 15 days from the date of their production, and during that period any party may

designate such documents as "Confidential" or "Confidential - Attorneys' Eyes Only" pursuant

to the terms of the Protective Order.

Each person appropriately designated pursuant to paragraph 4(g) to receive

Confidential information shall execute a "Written Assurance" in the form attached as Exhibit

A. Opposing counsel shall be notified at least 10 days prior to disclosure to any such person

who is known to be an employee or agent of, or consultant to, any competitor of the party

whose designated documents are sought to be disclosed. Such notice shall provide a

reasonable description of the outside independent person to whom disclosure is sought

sufficient to permit objection to be made. If a party objects in writing to such disclosure within

10 days after receipt of notice, no disclosure shall be made until the party seeking disclosure

obtains the prior approval of the Court or the objecting party.

All depositions or portions of depositions taken in this action that contain trade

secret or other confidential information may be designated "Confidential" or "Confidential -

Attorneys' Eyes Only" and thereby obtain the protections accorded other "Confidential" or

"Confidential - Attorneys' Eyes Only" documents. Confidentiality designations for depositions

shall be made either on the record or by written notice to the other party within 10 days of

receipt of the transcript.

Unless otherwise agreed, depositions shall be treated as

"Confidential - Attorneys' Eyes Only" during the 10-day period following receipt of the

Form 5 - Stipulation For Protective Order Page 3