Stipulated protective order

[Name]

[Address]

[Phone number]

Attorney for [party]

UNITED STATES DISTRICT COURT

FOR THE ___________ DISTRICT OF __________

Civil Action, File Number _________

__________________________________________

)

[Name], )

Plaintiff, ) STIPULATED

) PROTECTIVE

v. ) ORDER

)

[Name], )

Defendant. )

__________________________________________)

IT IS HEREBY STIPULATED by and between the parties through their counsel of record that:

1. This Stipulated Protective Order (the “Protective Order”) shall govern the designation and handling of confidential documents and information produced in discovery in this lawsuit by any person or entity except for [name]; a separate Protective Order shall govern [person or entity’s] production and treatment of [his/her/its] confidential material.

2. Any person (including third parties not named in this action) who is required to produce documents or information in discovery in this case may designate material produced as “confidential” pursuant to this Protective Order. The following material may be

   designated as confidential: material which the producing person believes, in good faith, contains proprietary business information, trade secrets, information subject to a legally protected right of privacy, or confidential research, development, financial or personal information. Material which has not been preserved or maintained in a manner reasonably calculated to preserve its confidentiality may not be designated “confidential.” The parties agree that they will not designate material as “confidential” unless they have a good faith, reasonable basis to believe the material constitutes confidential information. The fact that any document or information is disclosed, used or produced in discovery or at trial herein shall not be admissible as evidence, or offered as evidence, in any action or proceeding before any Court, agency or tribunal on the issue of whether or not such document or information is confidential or proprietary. The foregoing provision shall have no effect on the issue of authenticity of any document.

3. Documents or things shall be designated as “confidential” by stamping them “CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER” in a size and location which makes the designation readily apparent. A “confidential” designation shall be affixed to any documents produced in the course of this litigation, including portions of briefs, memoranda, or any other writings filed with the Court, which mention, discuss or comment upon any confidential material. With respect to documents produced for inspection, the designation may be affixed either prior to inspection or added when actually copied for production or exchange, provided that in either event the designation should be affixed in a manner which does not affect the legibility of the document. Any information or data that is not reduced to documentary, tangible, or physical form, or that is otherwise not readily designated as confidential pursuant to the preceding two sentences, may be designated as confidential by informing counsel for the parties that it is confidential.

   (a) Confidential material filed with the Court for any purpose shall be filed in a sealed envelope or other container, marked on the outside with the caption of this action and the following statement: “CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER.” if any person fails to file protected documents or information under seal, the producing person may request that the Court place the filing under seal.

   (b) The sealed envelope or other container containing the confidential material shall not be opened except for in camera inspection or pursuant to a Court order or the parties' stipulation. Subject to the Court's convenience and needs, the envelope or other container shall be kept under seal by the clerk until further Court order.

   (c) If any document or information designated as “confidential” pursuant to this Protective Order is used or disclosed during the course of a deposition, that portion of the deposition record reflecting such material shall be stamped with the appropriate designation and access shall be limited pursuant to the terms of this Protective Order. The Court reporter for the deposition shall mark the deposition transcript cover page and all appropriate pages or exhibits, and each copy thereof, in accordance with paragraph 3 of this Protective Order. Only individuals who are authorized by this Protective Order to see or receive such material may be present during the...