Case 3:15-cv-00823-VLB Document 6 Filed 05/29/15 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`DISTRICT OF CONNECTICUT
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`STANDING PROTECTIVE ORDER
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`It is hereby ordered by the Court that the following shall apply to information,
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`documents, excerpts from documents, and other materials produced in this action
`pursuant to Federal and Local Rules of Civil Procedure governing disclosure and
`discovery.
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`Information, documents and other materials may be designated by the producing
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`party in the manner permitted (“the Designating Person”). All such information,
`documents, excerpts from documents, and other materials will constitute “Designated
`Material” under this Order. The designation shall be either (a) “CONFIDENTIAL” or (b)
`CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” This Order shall apply to Designated
`Material produced by any party or third-party in this action.
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`“CONFIDENTIAL” information means information, documents, or things that have
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`not been made public by the disclosing party and that the disclosing party reasonably
`and in good faith believes contains or comprises (a) trade secrets, (b) proprietary
`business information, or (c) information implicating an individual’s legitimate expectation
`of privacy.
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`“CONFIDENTIAL-ATTORNEY’S EYES ONLY” means CONFIDENTIAL
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`information that the disclosing party reasonably and in good faith believes is so highly
`sensitive that its disclosure to a competitor could result in significant competitive or
`commercial disadvantage to the designating party.
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`Designated Material shall not be used or disclosed for any purpose other than the
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`litigation of this action and may be disclosed only as follows:
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`a. Parties: Material designated “CONFIDENTIAL” may be disclosed to parties to this
`action or directors, officers and employees of parties to this action, who have a
`legitimate need to see the information in connection with their responsibilities for
`overseeing the litigation or assisting counsel in preparing the action for trial or
`settlement. Before Designated Material is disclosed for this purpose, each such
`person must agree to be bound by this Order by signing a document substantially
`in the form of Exhibit A.
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`b. Witnesses or Prospective Witnesses: Designated Material, including material
`designated “CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to a
`witness or prospective witness in this action, but only for purposes of testimony or
`preparation of testimony in this case, whether at trial, hearing, or deposition, but it
`may not be retained by the witness or prospective witness. Before Designated
`Material is disclosed for this purpose, each such person must agree to be bound
`by this Order, by signing a document substantially in the form of Exhibit A.
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`Case 3:15-cv-00823-VLB Document 6 Filed 05/29/15 Page 2 of 6
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`c. Outside Experts: Designated Material, including material designated
`“CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to an
`outside expert for the purpose of obtaining the expert’s assistance in the
`litigation. Before Designated Material is disclosed for this purpose, each
`such person must agree to be bound by this Order, by signing a document
`substantially in the form of Exhibit A.
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`d. Counsel: Designated Material, including material designated
`“CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to
`counsel of record and in-house counsel for parties to this action and their
`associates, paralegals, and regularly employed office staff.
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`e. Other Persons: Designated Material may be provided as necessary to
`copying services, translators, and litigation support firms. Before
`Designated Material is disclosed to such third parties, each such person
`must agree to be bound by this Order by signing a document substantially
`in the form of Exhibit A.
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`Prior to disclosing or displaying any Designated Material to any person,
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`counsel shall:
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`a. Inform the person of the confidential nature of the Designated Material;
`and
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`b. Inform the person that this Court has enjoined the use of the Designated
`Material by him/her for any purpose other than this litigation and has
`enjoined the disclosure of that information or documents to any other
`person.
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`The confidential information may be displayed to and discussed with the
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`persons identified in Paragraphs 5(b) and (c) only on the condition that, prior to
`any such display or discussion, each such person shall be asked to sign an
`agreement to be bound by this Order in the form attached hereto as Exhibit A.
`In the event such person refuses to sign an agreement in substantially the form
`attached as Exhibit A, the party desiring to disclose the confidential information
`may seek appropriate relief from the Court.
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`A person having custody of Designated Material shall maintain it in a
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`manner that limits access to the Designated Material to persons permitted such
`access under this Order.
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`Counsel shall maintain a collection of all signed documents by which
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`persons have agreed to be bound by this Order.
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`10. Documents shall be designated by stamping or otherwise marking the
`documents with the words “CONFIDENTIAL” or “CONFIDENTIAL-FOR
`ATTORNEYS’ EYES ONLY” thus clearly identifying the category of Designated
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`Case 3:15-cv-00823-VLB Document 6 Filed 05/29/15 Page 3 of 6
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`Material for which protection is sought under the terms of this Order.
`Designated Material not reduced to documentary form shall be designated by the
`producing party in a reasonably equivalent way.
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`The parties will use reasonable care to avoid designating as confidential
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`documents or information that does not need to be designated as such.
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`12. A party may submit a request in writing to the party who produced
`Designated Material that the designation be modified or withdrawn. If the
`Designating Person does not agree to the redesignation within fifteen business
`days, the objecting party may apply to the Court for relief. Upon any such
`application, the burden shall be on the Designating Person to show why the
`designation is proper. Before serving a written challenge, the objecting party
`must attempt in good faith to meet and confer with the Designating Person in an
`effort to resolve the matter. The Court may award sanctions if it finds that a
`party’s position was taken without substantial justification.
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`13. Deposition transcripts or portions thereof may be designated either (a)
`when the testimony is recorded, or (b) by written notice to all counsel of record,
`given within ten business days after the Designating Person’s receipt of the
`transcript in which case all counsel receiving such notice shall be responsible for
`marking the copies of the designated transcript or portion thereof in their
`possession or control as directed by the Designating Person. Pending
`expiration of the ten business days, the deposition transcript shall be treated as
`designated. When testimony is designated at a deposition, the Designating
`Person may exclude from the deposition all persons other than those to whom
`the Designated Material may be disclosed under paragraph 5 of this Order. Any
`party may mark Designated Material as a deposition exhibit, provided the
`deposition witness is one to whom the exhibit may be disclosed under paragraph
`5 of this Order and the exhibit and related transcript pages receive the same
`confidentiality designation as the original Designated Material.
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`14. Any Designated Material which becomes part of an official judicial
`proceeding or which is filed with the Court is public. Such Designated Material
`will be sealed by the Court only upon motion and in accordance with applicable
`law, including Rule 5(e) of the Local Rules of this Court. This Protective Order
`does not provide for the automatic sealing of such Designated Material. If it
`becomes necessary to file Designated Material with the Court, a party must
`comply with Local Civil Rule 5 by moving to file the Designated Material under
`seal.
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`Filing pleadings or other papers disclosing or containing Designated
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`Material does not waive the designated status of the material. The Court will
`determine how Designated Material will be treated during trial and other
`proceedings as it deems appropriate.
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`Case 3:15-cv-00823-VLB Document 6 Filed 05/29/15 Page 4 of 6
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`16. Upon final termination of this action, all Designated Material and copies
`thereof shall be returned promptly (and in no event later than forty-five (45) days
`after entry of final judgment), returned to the producing party, or certified as
`destroyed to counsel of record for the party that produced the Designated
`Material, or, in the case of deposition testimony regarding designated exhibits,
`counsel of record for the Designating Person. Alternatively, the receiving party
`shall provide to the Designating Person a certification that all such materials have
`been destroyed.
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`Inadvertent production of confidential material prior to its designation as
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`such in accordance with this Order shall not be deemed a waiver of a claim of
`confidentiality. Any such error shall be corrected within a reasonable time.
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`18. Nothing in this Order shall require disclosure of information protected by
`the attorney-client privilege, or other privilege or immunity, and the inadvertent
`production of such information shall not operate as a waiver. If a Designating
`Party becomes aware that it has inadvertently produced information protected by
`the attorney-client privilege, or other privilege or immunity, the Designating Party
`will promptly notify each receiving party in writing of the inadvertent production.
`When a party receives notice of such inadvertent production, it shall return all
`copies of inadvertently produced material within three business days. Any notes
`or summaries referring or relating to any such inadvertently produced material
`subject to claim of privilege or immunity shall be destroyed forthwith. Nothing
`herein shall prevent the receiving party from challenging the propriety of the
`attorney-client privilege or work product immunity or other applicable privilege
`designation by submitting a challenge to the Court. The Designating Party
`bears the burden of establishing the privileged nature of any inadvertently
`produced information or material. Each receiving party shall refrain from
`distributing or otherwise using the inadvertently disclosed information or material
`for any purpose until any issue of privilege is resolved by agreement of the
`parties or by the Court. Notwithstanding the foregoing, a receiving party may
`use the inadvertently produced information or materials to respond to a motion by
`the Designating Party seeking return or destruction of such information or
`materials. If a receiving party becomes aware that it is in receipt of information
`or materials which it knows or reasonably should know is privileged, Counsel for
`the receiving party shall immediately take steps to (i) stop reading such
`information or materials, (ii) notify Counsel for the Designating Party of such
`information or materials, (iii) collect all copies of such information or materials,
`(iv) return such information or materials to the Designating Party, and (v)
`otherwise comport themselves with the applicable provisions of the Rules of
`Professional Conduct.
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`The foregoing is entirely without prejudice to the right of any party to apply
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`to the Court for any further Protective Order relating to Designated Material; or to
`object to the production of Designated Material; or to apply to the Court for an
`order compelling production of Designated Material; or for modification of this
`Order; or to seek any other relief from the Court.
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`Case 3:15-cv-00823-VLB Document 6 Filed 05/29/15 Page 5 of 6
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`The restrictions imposed by this Order may be modified or terminated only
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`by further order of the Court.
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`IT IS SO ORDERED,
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` /s/ Vanessa L. Bryant
`Vanessa L. Bryant
`United States District Judge
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`Case 3:15-cv-00823-VLB Document 6 Filed 05/29/15 Page 6 of 6
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`EXHIBIT A
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`I have been informed by counsel that certain documents or information to be
`disclosed to me in connection with the matter entitled __________________________
`__________________________have been designated as confidential. I have been
`informed that any such documents or information labeled “CONFIDENTIAL
`PRODUCED PURSUANT TO PROTECTIVE ORDER” are confidential by Order of the
`Court.
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`I hereby agree that I will not disclose any information contained in such
`documents to any other person. I further agree not to use any such information for any
`purpose other than this litigation.
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`__________________________DATED:______________________
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`Signed in the presence of:
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`_________________________(Attorney)