[PROPOSED] PROTECTIVE ORDER FOR CONFIDENTIAL TREATMENT OF DOCUMENTS OR INFORMATION

ALICIA G. ROSENBERG, Magistrate Judge.

1. The parties agree that the following information or documents produced are confidential: (a) financial information, medical records, personnel data, or documents: concerning the Plaintiff; (b) nonpublic financial Information concerning the Defendants, such as, but not limited to, contractual, terms between the defendants and customers, as well as margin information, (c) Defendants' employee personnel files, employee personal, identifiers, employee pay rate, employee performance evaluations, employee disciplinary actions, and employee job classifications; (d) personnel, benefits, employment-related or medical records concerning the Plaintiff, (e) internal, investigations conducted by the Defendants or its affiliates into conduct of its personnel; (f) information relating to of concerning Defendants' nonpublic legal affairs; (g) Defendants' proprietary and/or commercial practices and procedures, (h) Defendants' customer data, customer contact information, customer contracts, customer contract rates, revenues, and costs and (i) any and all confidential settlements. This list is not exhaustive, and either party may designate other appropriate information or documents, including deposition testimony, as confidential and subject, to this Order.

2. The confidential documents and information obtained under this Order shall be used only by the parties and only for purposes, of the prosecution of defense of this action. The confidential information and documents shall be used for no other purpose, and they shall not be disclosed to any other person, (defined as broadly as possible to include individuals, entities, governmental agencies, etc.) except in accordance with this Order.

3. Except with prior written consent of the party producing the information or documents, no confidential information or document may be disclosed to any person other than:

4. Except for those persons identified in sub-paragraphs 3(a), (b), (d) and (f) above, no person authorized under this Order to receive access to confidential information and documents shall be granted access until the party intending to make such disclosure has (i) provided such person with a copy of this Order and (ii) the person has been given an opportunity or read this Order and agrees to be bound by this Order and to have submitted to the continuing jurisdiction of the District court for the purposes of enforcing this Order. Counsel for the parties shall be responsible for maintaining a list of such persons to whom the confidential information and documents are disclosed (excluding those excepted in the previous sentence). If any confidential information or documents have been disclosed to anyone prior to the entry of this order, then the disclosing person will inform the recipient of the existence of this Order within one week of the entry of this Order.

5. The provisions of this Order shall not terminate at the conclusion of this action but shall survive the same. Order than (i) copies of confidential documents produced under this Stipulated Protective Order for distribution to persons listed in paragraph 3, (ii) copies used during discovery, and (iii) copies submitted to the District Court, the confidential information and documents shall not be duplicated. All copies of confidential information and documents under this Order (other than documents submitted to the Court), shall be collected by counsel distributing same within 30 days after the final conclusion or settlement of this action, and shall be either destroyed or returned to the party producing them.

6. If, at any time when the confidential information and documents are in the possession of any party to whom they have been produced, the confidential information or documents are subpoenaed by any court, administrative or legislative body, or any other person purporting to have authority to subpoena such documents and/or information, the party to whom the subpoena is directed will not produce such documents or information without giving written notice of the subpoena (including the delivery of a copy thereof) to the appropriate party within 48 hours after receipt of the subpoena.

7. If a party wishes to make a disclosure not permitted by paragraph 3(a)-(f), the party's counsel shall not effectuate such disclosure without first obtaining the consent of the producing party's counsel. If the producing party's counsel is not agreeable to the planned disclosure, then the party seeking the disclosure any request the approval of the Court to effectuate such disclosure, provided that proper notice of hearing before the Court is given to the opposing counsel.

8. Absent any specific order from the Court regarding the use of confidential information or documents in connection with any motion, opposition, or other pleading in this case, any documents available for public viewing containing confidential information or documents may be filed as usual or as customary:

9. Any party may seek to modify, expand, cancel, or supersede this Order by stipulation of the parties or by motion on notice. Nothing in this Order shall:

10. This Order shall not limit any party from seeking a modification of this Order or further protection from the District Court.

IT IS SO ORDERED.