United States District Court, D. North Dakota, Southwestern Division
STIPULATED PROTECTIVE ORDER
CHARLES S. MILLER, Jr., Magistrate Judge.
On this 30th day of March, 2015, this proceeding comes before the undersigned Judge of the District Court upon submission of this proposed Protective Order ("Protective Order") by the parties. Parties believe that during the course of this pending action, it may be necessary to use or disclose certain confidential information as defined below. By agreement of the parties, and for good cause shown, IT IS HEREBY ORDERED AS FOLLOWS:
1. Definitions. The following terms shall have the meanings ascribed below for purposes of this Protective Order:
a. "Parties" shall include all parties now named or hereafter joined as a plaintiff or defendant, in this action, and shall include all officers, trustees, and employees of the parties.
b. "Producing Party" shall mean the party producing the documents or any third-party not named as a plaintiff or defendant in this action.
c. "Document" shall have the full meaning ascribed to it in the Federal Rules of Civil Procedure.
d. "Furnish" shall mean to provide, file, or deliver for inspection or review to any person or persons, whether voluntarily or involuntarily, whether pursuant to discovery, pre-trial exchange, or otherwise, in prosecution or defense of this action, or to give testimony or statements of any kind, whether voluntarily or involuntarily, and whether in deposition or in court proceeding.
e. "Person" shall mean any individual, corporation, partnership, association, unincorporated organization or other entity.
f. "Confidential Information" shall mean the contents of any document or transcript of testimony which shall have been designated in good faith as "Confidential" by the Producing Party. The Producing Party may designate documents or information, or a portion of a document or information, as "Confidential" only if it has a good faith basis for asserting that the designated portion of the document or information is private personal information, healthcare information, trade-secret, financial, confidential research, development, or commercial information, or other proprietary information.
2. If a document is designated Confidential, each page of the document containing Confidential Information shall be clearly marked "Confidential" at the time the document is produced or disclosed. Portions of testimony may be designated "Confidential" by noting it on the record, or by designating portions of the transcript within thirty (30) days after the transcript is made available for review and correction. The terms of this Protective Order apply to any Confidential documents and information produced before or after it is entered (and any documents designated pursuant to paragraph 9 hereof) and the terms of this Protective Order shall be binding upon the Parties to this action and their counsel, as well as on any deponents or trial witnesses in this action and their counsel. Confidential documents and information shall only be used for purposes of this litigation and for no other purpose. All Parties and their attorneys and all deponents and trial witnesses and their attorneys shall take all necessary and proper steps to preserve the confidentiality of Confidential documents and information.
3. Unless otherwise ordered by the Court, Confidential documents and information may be disclosed only as follows:
(a) to the Parties, subject to the terms of paragraph 4;
(b) to the counsel of record to the Parties in this action, including support personnel and any regular and temporary employees and service vendors of such counsel, including outside copying and litigation support services, so long as all such persons are informed of this Protective Order and agree to its terms;
(c) to independent experts and consultants (including support personnel) who are providing advice in connection with the litigation, trial preparation or trial of this ...