J.P. STADTMUELLER, District Judge.
On October 10, 2017, the parties filed a joint motion for entry of a protective order. (Docket #33). The parties request that the Court enter a protective order so that the parties may avoid the public disclosure of confidential information and documents. Id. Rule 26(c) allows for an order "requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way." Fed. R. Civ. P. 26(c)(1)(G), Civil L. R. 26(e).
The Court sympathizes with the parties' request and will grant it, but, before doing so, must note the limits that apply to protective orders. Protective orders are, in fact, an exception to the general rule that pretrial discovery must occur in the public eye. Am. Tel. & Tel. Co. v. Grady, 594 F.2d 594, 596 (7th Cir. 1979); Fed. R. Civ. P. 26(c); see also Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 945-46 (7th Cir. 1999). Litigation must be "conducted in public to the maximum extent consistent with respecting trade secrets . . . and other facts that should be held in confidence." Hicklin Eng'r, L.C. v. Bartell, 439 F.3d 346, 348 (7th Cir. 2006).
Nonetheless, the Court can enter a protective order if the parties have shown good cause, and also that the order is narrowly tailored to serving that cause. Fed. R. Civ. P. 26(c); see, e.g., Citizens First Nat'l Bank of Princeton, 178 F.3d at 945, Jepson, Inc. v. Makita Elec. Works, Ltd., 30 F.3d 854, 858 (7th Cir. 1994) (holding that, even when parties agree to the entry of a protective order, they still must show the existence of good cause). The Court can even find that broad, blanket orders—such as the one in this case—are narrowly tailored and permissible, when it finds that two factors are satisfied:
County Materials Corp. v. Allan Block Corp., 502 F.3d 730, 740 (7th Cir. 2006) (citing Citizens First Nat'l Bank of Princeton, 178 F.3d at 945). The parties have requested the protective order in this case in good faith; they seek the order so that they might freely exchange sensitive information. (Docket #33 and #33-1 at 1). The Court thus finds that there is good cause to issue the requested protective order.
However, the Court finds that two slight changes are necessary to maintain compliance with the above-cited precedent. First, the proposed order requires sealing, in whole or in part, of all confidential documents. This departs from the Court's desire to ensure that every phase of the trial occurs in the public eye to the maximum extent possible. See Hicklin Eng'r, L.C., 439 F.3d at 348. While the Court understands that some documents will need to be sealed entirely, other documents may contain only small amounts of confidential information, and so redaction of those documents may be more appropriate. The Court has modified the parties' proposed language to that effect. See supra Paragraph 9. Second, consistent with the Court's and this district's standard practice, the Court will allow members of the public to challenge the confidentiality of documents filed in this case. See supra Paragraph 5 and 9.
Finally, the Court must note that, while it finds the parties' proposed order to be permissible and will, therefore, enter it, the Court subscribes to the view that the Court's decision-making process must be transparent and as publicly accessible as possible. Thus, the Court preemptively warns the parties that it will not enter any decision under seal.
Accordingly,
The Court finds that the following order is necessary to expedite the flow of discovery materials, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information that Plaintiff Bridgestone Americas Tire Operations, LLC ("Bridgestone") and Defendant Huf North America Automotive Parts Manufacturing Corp. ("Huf") (collectively the "Parties") are entitled to keep confidential, to ensure that only materials that the Parties are entitled to keep confidential are subject to such treatment, and to ensure that the parties are permitted reasonably necessary uses of such materials in preparation for and in the trial, pursuant to Fed. R. Civ. P. 26(c) and Civil L.R. 26(e).
Bridgestone and Huf assert that they possess confidential information in the form of secrets or other confidential business, personal and/or technical information related to the subject matter of this litigation. The parties recognize that it may be necessary to disclose certain of the asserted confidential information during the course of this litigation. As a result, the parties seek to limit disclosure and prevent the use of such information for purposes other than this litigation.
The Court finds that the parties to this case may request or produce information involving trade secretes or other confidential research, development, or commercial information, the unprotected disclosure of which is likely to cause harm to the party producing such information.
a. Document: The term "Document" shall mean every means of recording any form of communication or representation upon any tangible thing, including letters, numbers, words, pictures, sounds, or symbols, or combinations thereof, whether recorded by handwriting, printing, photostatic, or photographic means, magnetic impulse, tape, computer disk, CD-ROM or any other form of data storage, data compilation, or mechanical or electronic recording, including without limitation all things which come within the meaning of "writings," "recordings," or "photographs" contained in Rule 1001 of the Federal Rules of Evidence, or within the meaning of "document," "electronically stored information," or "tangible thing" contained in Rule 34 of the Federal Rules of Civil Procedure.
b. Discovery Material: The term "Discovery Material" shall mean any Document, material, item, information, tangible thing, testimony, or thing filed with or presented to the Court or produced, served, or generated during the discovery process, including, for example, exhibits, answers to interrogatories, responses to requests for admissions, responses to requests for production, subpoenas, declarations, affidavits, and deposition testimony or transcripts, and all copies, extracts, summaries, compilations, designations, and portions thereof.
c. Producing Party: The term "Producing Party" shall mean any party to this action or any third party, including its counsel, retained Experts or Consultants, directors, officers, employees, or agents, who produces any Discovery Material.
d. Outside Counsel: The term "Outside Counsel" shall mean all counsel that have entered an appearance in the litigation, their staff, and supporting personnel.
e. Receiving Party: The term "Receiving Party" shall mean any party to this action, including its counsel, retained Experts or Consultants, directors, officers, employees, or agents, who receives any Discovery Material in this action.
f. Confidential Information: The term "CONFIDENTIAL INFORMATION" shall mean any information (regardless of how it is generated, stored, or maintained) or tangible things of the Producing Party that the Producing Party in good faith regards as confidential or proprietary information that is sensitive and is not publicly known and which the Producing Party would not normally reveal to third parties or, if disclosed, would require such third parties to maintain in confidence, including without limitation information that the Producing Party claims in good faith to constitute or relate to research and development information (including, for example, laboratory notebooks, research plans, market and demographic research, and product and advertising development), nonpublic patent prosecution information directed to present or pending applications that are not publicly accessible, financial information (including, for example, budgeting, accounting, sales figures, forecasts, and advertising expenditures), business relationship information (including, for example, information pertaining to potential and/or existing customers, competitors, suppliers, distributors, affiliates, subsidiaries, and parents), and personnel information (including, for example, compensation, evaluations and other employment information).
g. Highly Confidential — Attorneys' Eyes Only Information: The term "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY INFORMATION" shall mean any information (regardless of how it is generated, stored, or maintained) or tangible thing of the Producing Party that is extremely sensitive, the disclosure of which to another Party or Non-Party would create a substantial risk of serious harm that could not be avoided by less restrictive means, including without limitation information that the Producing Party claims in good faith to constitute (i) trade secrets under applicable law, or commercially sensitive information relating to the Producing Party's technical, financial, marketing, strategic, and competitive position, the disclosure of which poses a threat of competitive harm to the Producing Party, or (ii) new research and development information (including, for example, laboratory notebooks, research plans, market and demographic research, and product and advertising development), or (iii) other commercially sensitive competitive information (including, for example, business plans, business strategies, profit margins, manufacturing processes not available to the public, business negotiations, and license agreements), or (iv) non-public patent prosecution information directed to future patent applications that are not publicly accessible, and non-public regulatory filings.
h. Restricted — Highly Confidential Source Code Information: To the extent any CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY INFORMATION includes computer source code ("Source Code Material"), the Producing Party may designate such material as "RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE."
i. Designated Material: The term "Designated Material" shall mean any Discovery Material designated by a Producing Party as CONFIDENTIAL INFORMATION, HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY INFORMATION, or RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE.
j. Expert: The term "Expert" shall mean an expert retained for this Litigation. The term excludes current employees, officers, or directors of a named party, or owners of more than two-percent interest in a named party. Experts must execute the form of Acknowledgement of Protective Order, attached hereto as Exhibit A.
k. Consultant: The term "Consultant" shall mean a consultant retained for this Litigation and who is not expected to testify at trial. Consultants that will access materials designated as Confidential or Highly Confidential must execute the form of Acknowledgement of Protective Order, attached hereto as Exhibit A.
The scope of this Order shall be understood to encompass not only Designated Material which is expressly designated as CONFIDENTIAL, HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY, or RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE INFORMATION, but also any information derived therefrom, including all copies, excerpts, and summaries thereof, whether partial or complete, as well as testimony and oral conversations which reveal all or part of that information.
Marking Designated Material as CONFIDENTIAL, HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY, or RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE INFORMATION shall be made in good faith by the Producing Party in the following manner:
a. In the case of Documents or any other tangible things produced, designation shall be made by placing the legend "CONFIDENTIAL," "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY," or "RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE" on each page of the document or on the cover or in a prominent place on any other tangible thing prior to production of the document or tangible thing;
b. In producing original files and records for inspection, no marking need be made by the Producing Party in advance of the inspection. For the purposes of the inspection, all documents produced shall be considered as marked CONFIDENTIAL, HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY, or RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE as designated by the Producing Party. Thereafter, upon selection of specified documents for copying by the Receiving Party, the Producing Party shall mark as CONFIDENTIAL, HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY, or RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE the copies of such documents, as appropriate, at the time the copies are produced to the Receiving Party; and
c. In the case of deposition testimony, transcripts or portions thereof, designation shall be made by the Producing Party either (i) on the record during the deposition, in which case the portion of the transcript of the designated testimony shall be bound in a separate volume and marked "CONFIDENTIAL," "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY," or "RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE" as appropriate by the reporter, or (ii) by written notice to the reporter and all counsel of record, given within twenty (20) days after the reporter sends written notice to the deponent or the deponent's counsel that the transcript is available for review, 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 Producing Party or deponent. Pending expiration of the twenty (20) business days, all parties and, if applicable, any third party witnesses or attorneys, shall treat the deposition transcript as if it had been designated CONFIDENTIAL, HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY, or RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE. No person shall attend the designated portions of such depositions unless such person is an authorized recipient of Designated Material under the terms of this Order or the parties agree to such person's attendance.
a. No party to this action shall be obligated to challenge the propriety of any designation by any Producing Party, and a failure to do so shall not constitute a waiver or in any way preclude a subsequent challenge in this action or any other action to the propriety of such designation.
b. Any party or member of the public may contest a claim of confidentiality. Any person objecting to the designation of any Discovery Material as CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY, or RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE must give Outside Counsel for the Producing Party written notice of its reasons for the objection. Failing resolution after service of the written notice of its reasons for the objection, the person objecting may, on a duly noticed motion, seek an order removing the designation. In the resolution of such matter, the burden of establishing confidentiality shall be on the party who made the claim of confidentiality, i.e., the Producing Party, but information designated as CONFIDENTIAL, HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY, or RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE shall be deemed as such until the matter is resolved.
a. Confidentiality. Designated Material and the information derived from such Designated Material (excluding information which is derived lawfully from an independent source) shall be kept confidential and shall not be given, shown, made available, discussed, or otherwise communicated in any manner, either directly or indirectly, to any person not authorized to receive the information under the terms of this Order.
b. Use. All CONFIDENTIAL INFORMATION, HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY INFORMATION, and RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE INFORMATION shall be disclosed, disseminated and used by the Receiving Party only for purposes of this Litigation. It shall be the duty of each party and each individual having notice of this Order to comply with this Order from the time of such notice. For clarity, "this Litigation" means (i) the case Bridgestone Americas Tire Operations, LLC v. Huf North America Automotive Parts Manufacturing Corp. and Huf Hülsbeck & Furst GMBH & CO. KG, Case No. 17-CV-951-JPS, previously captioned as Bridgestone Americas Tire Operations, LLC v. Huf North America Automotive Parts Manufacturing Corp. and Huf Hülsbeck & Furst GMBH & CO. KG, C.A. No. 17-575-GMS, including any litigation over a temporary restraining order or preliminary injunction; and (ii) any appeal or interlocutory appeal of any order entered in (i). Except with the prior written consent of the Producing Party or upon prior order of this Court, Confidential Information shall not be disclosed except in accordance with the terms, conditions, and restrictions of this Order.
c. Maintenance of Designated Material. Designated Material shall be maintained by the Receiving Party at a location and under circumstances to ensure that access is limited to those persons entitled to have access under this Order.
d. A Producing Party is free to do whatever it desires with its own Designated Material.
a. Access to Highly Confidential — Attorneys Eyes Only Information — Designated Material that is designated by a Producing Party as HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY INFORMATION shall be available only to the following persons subject to the terms of paragraph 7:
b. Access to Confidential Information — Designated Material that is designated by a Producing Party as CONFIDENTIAL INFORMATION shall be available only to the following persons subject to the terms of paragraph 7:
c. Access to Restricted — Highly Confidential Source Code Information — Designated Material that is designated by a Producing Party as RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE shall be subject to the following restrictions:
a. Consultants and Experts. Prior to a Receiving Party giving, showing, disclosing, making available or communicating Designated Material to any Consultant or Expert under paragraph 7(a)(iii), 7(b)(i) or 7(c)(i), the party shall:
b. In-house Counsel. Each person in Paragraph 7(b)(ii) to whom Designated Material is given, shown, disclosed, made available or communicated in any way in accordance with this Protective Order shall first execute an Acknowledgment of Protective Order in the form shown Exhibit A and serve the executed Acknowledgment on the Producing Party.
To the extent that any information designated as CONFIDENTIAL INFORMATION, HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY INFORMATION, and RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE INFORMATION is filed with the Court, or is substantively incorporated in any papers to be filed with the Court, the records and papers must be redacted only to the extent necessary. If the parties seek to seal a document, either in part or in full, they must file a motion to seal that document, together with a redacted copy on the record. They must also simultaneously file unredacted copies under seal with the Clerk of Court via the CM-ECF system. The parties shall act in good faith in designating records to be filed, in whole or in part, under seal. Any member of the public may challenge the filing of those documents under seal or the confidentiality designation of any Designated Material in accordance with Paragraph 5.
If, through inadvertence, a Producing Party provides any Designated Material pursuant to this Litigation without designating and marking the Designated Material as CONFIDENTIAL INFORMATION, HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY or RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE INFORMATION, the Producing Party may subsequently inform the Receiving Party of the confidential nature of the disclosed Designated Material, and the Receiving Party shall treat the disclosed Designated Material as CONFIDENTIAL INFORMATION, HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY INFORMATION, or RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE INFORMATION upon receipt of written notice from the Producing Party, to the extent Receiving Party has not disclosed this Designated Material. Disclosure of such Designated Material to persons not authorized to receive that material prior to receipt of the confidentiality designation shall not be deemed a violation of this Order. However, the Receiving Party agrees to undertake its best efforts to retrieve all copies of the Designated Material, or notes or extracts thereof, in the possession of the persons not authorized under this Order to possess such Designated Material and agrees to advise the person to whom disclosure was made that the material is confidential and should be treated as provided in the Order. No demonstration of error, inadvertence, or excusable neglect by the designating party shall be required for such re-designation.
Counsel shall exert reasonable efforts to identify documents or material protected by the attorney-client privilege or the work-product doctrine or other applicable privilege or immunity prior to the disclosure of any such documents or material. If, however, a party discloses documents or material that is privileged or protected by the work product doctrine and that the party maintains was unintentionally disclosed, the party shall, within five (5) business days after discovery of the disclosure, so advise the Receiving Party in writing, request such documents or material be returned, and attach a privilege log entry pertaining to such documents or material that is privileged or otherwise immune from discovery. It is further agreed that the Receiving Party will return or destroy (except as provided below) such documents or material, and all copies and derivations, within five (5) business days of the Receiving Party's receipt of a written request for the return of the documents or material. The cost, if any, for excising such documents by the Receiving Party shall be borne by the Producing Party. If the Receiving Party has a good faith belief that the material or documents it has returned or destroyed are not entitled to be protected by the attorney-client privilege or the work product doctrine, it may seek production of such documents or material in accordance with the Federal Rules of Civil Procedure and as provided below. The inadvertent production in discovery of any privileged information, as well as the inadvertent production in discovery of information without an appropriate designation of confidentiality, shall not be deemed a waiver of any claim of privilege or protection, including but not limited to the attorney-client privilege and the protection afforded to work product materials or the subject matter thereof, provided that the Producing Party shall promptly notify the Receiving Party when inadvertent production is discovered as set out above.
In connection with a motion to compel production, and notwithstanding the foregoing provisions concerning the return or destruction of such documents and material that the Producing Party contends was unintentionally disclosed, the Receiving Party may retain a copy of such documents or material to present its motion to compel to the Court. Any motion to compel production shall be filed within five (5) business days of the Receiving Party's receipt of a written request for the return of such documents or material. The Receiving Party shall only maintain such copy for purposes of this Litigation and the motion to compel production, and no other purpose, and shall return or destroy such copy immediately if: (a) no motion to compel production is filed by the Receiving Party within five (5) business days of the Receiving Party's receipt of a written request for the return of such documents or material; or (b) the Court denies the motion to compel production.
The restrictions set forth in this Order shall not apply to information which is in the possession of or otherwise known to the public before the date of its transmission to the Receiving Party, or which lawfully comes into the possession of or otherwise becomes known to the public after the date of its transmission to the Receiving Party.
Outside Counsel shall be responsible for providing a copy of this Order to all persons identified in Paragraph 7 who are required to execute a copy of the Acknowledgment of Protective Order, and to employ reasonable measures to control duplication of, access to, and distribution of copies of materials designated CONFIDENTIAL INFORMATION, HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY INFORMATION, or RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE INFORMATION. No person shall duplicate any Designated Material except, as contemplated by this Order, for use as exhibits at depositions, in connection with court filings or, as necessary, by counsel, Experts or Consultants approved under Paragraphs 6 and 7 for use as working copies. All copies, extracts and translations must be appropriately marked and are subject to Paragraph 12 of this Order.
Upon termination, settlement or final judgment of this Litigation, as defined in paragraph 6, including exhaustion of all appeals, the originals and all copies of Designated Material shall be either destroyed or turned over to the Producing Party, or to their respective Outside Counsel, within sixty (60) calendar days. However, retained counsel may retain pleadings or other papers filed with the Court or served in the course of this Litigation, attorney and consultant work product, deposition transcripts and exhibits, and the trial record for archival purposes. If Designated Material is destroyed pursuant to this paragraph, Outside Counsel for the Receiving Party shall provide to Outside Counsel for the Producing Party a certification that the destruction was performed. The provisions of this Order insofar as it restricts the disclosure, communication of, and use of Designated Material produced hereunder shall continue to be binding after the conclusion of this action.
This Order shall be without prejudice to the right of any party to oppose production of any information on any and all grounds other than confidentiality.
This Order is entered without prejudice to the right of any party to apply to the Court at any time for additional protection; to release, rescind, or modify the restrictions of this Order; to determine whether a particular person shall be entitled to receive any particular information; or to seek relief from inadvertent disclosure of privileged or work-product information. This Order does not preclude all of the parties to this Order from entering into any stipulation (in writing or on the record) constituting a modification of this Order. On any motion seeking disclosures beyond those authorized by this Order, the burden will be on the Receiving Party to justify the disclosure.
If discovery is sought of a person not a party to this action ("third party") requiring disclosure of such third party's Designated Material, the Designated Material disclosed by any such third party will be accorded the same protection as the parties' Designated Material, and will be subject to the same procedures as those governing disclosure of the parties' Designated Material pursuant to this Order.
Nothing herein shall be construed to affect in any way the evidentiary admissibility of any document, testimony, or other matter at any court proceeding related to this matter. The marking of Designated Material as CONFIDENTIAL INFORMATION, HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY INFORMATION, or RESTRICTED — HIGHLY SOURCE CODE INFORMATION pursuant to this Order shall not, for that reason alone, bar its introduction or use at any court proceeding related to this matter pursuant to such terms and conditions as the Court may deem appropriate, consistent with the need for a complete and accurate record of the proceedings; provided, however, that every effort shall be made, through use of procedures agreed upon by the parties or otherwise, to preserve the confidentiality of Designated Material.
If a Receiving Party receives a subpoena or other compulsory process from a non-party to this Order seeking production or other disclosure of a Producing Party's Designated Material, that Receiving Party shall give written notice to Outside Counsel for the Producing Party within three (3) business days after receipt of the subpoena or other compulsory process identifying the specific Designated Material sought and enclosing a copy of the subpoena or other compulsory process. If the Producing Party timely seeks a protective order, the Receiving Party to whom the subpoena or other compulsory process was issued or served shall not produce the Designated Material requested prior to receiving a Court order or consent of the Producing Party. In the event that Designated Material is produced to the non-party, such material shall be treated as Designated Material pursuant to this Order.
If Designated Material, or any portion thereof, is disclosed by the Receiving Party, inadvertence or otherwise, to any person or party not authorized under this Protective Order, then the Receiving Party shall use its best efforts to retrieve immediately all copies of such Material, and to bind such person to the terms of this Order. In such event, the Receiving Party shall also (a) promptly inform such person of all the provisions of this Order; (b) identify such person immediately to the Producing Party; and (c) request such person to execute the Acknowledgment of Protective Order in the form shown in Exhibit A.
Nothing in this Order shall bar or otherwise restrict any counsel herein from rendering advice to the counsel's party-client with respect to this action, and in the course thereof, relying upon an examination of Designated Material, provided, however, that in rendering such advice and in otherwise communicating with the party-client, the counsel shall not disclose any Designated Material to anyone not authorized to receive such Designated Material pursuant to the terms of this Order.
This Order shall be effective on the date of its execution, provided that all material previously produced shall be deemed CONFIDENTIAL INFORMATION, HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY INFORMATION, or RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE INFORMATION unless and until they are redesignated by the Producing Party or by further order of the Court.
The termination of this Litigation shall not automatically terminate the effectiveness of this Order and persons subject to this Order shall be bound by the confidentiality obligations of this Order until the Producing Party agrees otherwise in writing or this Court (or any other court or competent jurisdiction) orders otherwise.
By entering this order and limiting the disclosure of information in this Litigation, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another litigation. Any person or party subject to this order who becomes subject to a motion to disclose another party's information designated CONFIDENTIAL INFORMATION, HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY INFORMATION, or RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.
I, ______________________________, state that:
My residence address is _______________________________ ____________________________________________________________.
My business address is ________________________________ ____________________________________________________________.
My present employer and position are __________________ ____________________________________________________________.
I have reviewed in its entirety the Protective Order that has been signed and entered in this matter.
I hereby agree to be bound by and comply with the terms of the Protective Order, and not to disseminate or disclose any information subject to the Protective Order to any person, entity, party, or agency for any reason, except in accordance with the terms of the Protective Order.
I understand that contempt sanctions may be entered for violation of this Protective Order and further agree to submit to the jurisdiction of this Court for the purpose of enforcement of the terms of this Protective Order.
At the final termination of this litigation, I will return to counsel all documents or things consisting of or containing Confidential Information, Highly Confidential — Attorneys Eyes Only Information, or Restricted — Highly Confidential Source Code Information.
