Stipulation And Order For Production And Exchange Of Confidential Information

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK: COMMERCIAL DIVISION----------------------------------------XPlaintiff(s),Index No.-against-STIPULATION AND ORDER FOR THE PRODUCTION ANDDefendant(s).EXCHANGE OFCONFIDENTIALINFORMATION(Revised 04/09)----------------------------------------XThis matter having come before the Court by stipulation ofplaintiff, , and defendant, , forthe entry of a protective order pursuant to CPLR 3103(a),limitingthe review, copying, dissemination and filing of confidentialand/or proprietary documents and information to be produced byeither party and their respective counsel or by any non-party inthe course of discovery in this matter to the extent set forthbelow; and the parties, by, between and among their respectivecounsel, having stipulated and agreed to the terms set forthherein, and good cause having been shown;IT IS hereby ORDERED that:1. This Stipulation is being entered into to facilitate theproduction, exchange and discovery of documents and informationthat the parties agree merit confidential treatment(hereinafterthe 223Documents224 or 223Testimony224).2. Either party may designate Documents produced, orTestimony given, in connection with this action as223confidential,224 either by notation on the document, statement onthe record of the deposition, written advice to the respectiveundersigned counsel for the parties hereto, or by other American LegalNet, Inc. www.FormsWorkFlow.com 2appropriate means.3. As used herein:(a) 223Confidential Information224 shall mean all Documents andTestimony, and all information contained therein, and otherinformation designated as confidential, if such Documents orTestimony contain trade secrets, proprietary businessinformation, competitively sensitive information, or otherinformation the disclosure of which would, in the good faithjudgment of the party designating the material as confidential,be detrimental to the conduct of that party222s business or thebusiness of any of that party222s customers or clients.(b) 223Producing party224 shall mean the parties to this actionand any third-parties producing 223Confidential Information224 inconnection with depositions, document production or otherwise, orthe party asserting the confidentiality privilege, as the casemay be.(c) "Receiving party" shall mean the party to this actionand/or any non-party receiving 223Confidential Information224 inconnection with depositions, document production or otherwise.4. The Receiving party may, at any time, notify theProducing party that the Receiving party does not concur in thedesignation of a document or other material as ConfidentialInformation. If the Producing party does not agree to declassifysuch document or material, the Receiving party may move beforethe Court for an order declassifying those documents ormaterials. If no such motion is filed, such documents or American LegalNet, Inc. www.FormsWorkFlow.com 3materials shall continue to be treated as ConfidentialInformation. If such motion is filed, the documents or othermaterials shall be deemed Confidential Information unless anduntil the Court rules otherwise.5. Except with the prior written consent of the Producingparty or by Order of the Court, Confidential Information shallnot be furnished, shown or disclosed to any person or entityexcept to:a. personnel of plaintiff or defendant actually engaged inassisting in the preparation of this action for trial or otherproceeding herein and who have been advised of their obligationshereunder;b. counsel for the parties to this action and theirassociated attorneys, paralegals and other professional personnel(including support staff) who are directly assisting such counselin the preparation of this action for trial or other proceedingherein, are under the supervision or control of such counsel, andwho have been advised by such counsel of their obligationshereunder;c. expert witnesses or consultants retained by the partiesor their counsel to furnish technical or expert services inconnection with this action or to give testimony with respect tothe subject matter of this action at the trial of this action orother proceeding herein; provided, however, that suchConfidential Information is furnished, shown or disclosed inaccordance with paragraph 7 hereof; American LegalNet, Inc. www.FormsWorkFlow.com 4d. the Court and court personnel, if filed in accordancewith paragraph 12 hereof;e. an officer before whom a deposition is taken, includingstenographic reporters and any necessary secretarial, clerical orother personnel of such officer, if furnished, shown or disclosedin accordance with paragraph 10 hereof;f. trial and deposition witnesses, if furnished, shown ordisclosed in accordance with paragraphs 9 and 10, respectively,hereof; andg. any other person agreed to by the parties.6. Confidential Information shall be utilized by theReceiving party and its counsel only for purposes of thislitigation and for no other purposes.7. Before any disclosure of Confidential Information is madeto an expert witness or consultant pursuant to paragraph 5(c)hereof, counsel for the Receiving party shall provide theexpert222s written agreement, in the form of Exhibit A attachedhereto, to comply with and be bound by its terms. Counsel for theparty obtaining the certificate shall supply a copy to counselfor the other party at the time of the disclosure of theinformation required to be disclosed by CPLR 3101(d), except thatany certificate signed by an expert or consultant who is notexpected to be called as a witness at trial is not required to besupplied.8. All depositions shall presumptively be treated asConfidential Information and subject to this Stipulation during American LegalNet, Inc. www.FormsWorkFlow.com 5the deposition and for a period of fifteen (15) days after atranscript of said deposition is received by counsel for each ofthe parties. At or before the end of such fifteen day period, thedeposition shall be classified appropriately.9. Should the need arise for any of the parties to discloseConfidential Information during any hearing or trial before theCourt, including through argument or the presentation ofevidence, such party may do so only after taking such steps asthe Court, upon motion of the disclosing party, shall deemnecessary to preserve the confidentiality of such confidentialInformation.10. This Stipulation shall not preclude counsel for theparties from using during any deposition in this action anydocuments or information which have been designated as223Confidential Information224 under the terms hereof. Anystenographer and deposition witness who is given access toConfidential Information shall, prior thereto, be provided with acopy of this Stipulation and shall execute the certificateannexed hereto. Counsel for the party obtaining the certificateshall supply a copy to counsel for the other party.11. A party may designate as Confidential Informationsubject to this Stipulation any document, information, ordeposition testimony produced or given by any non-party to thiscase, or any portion thereof. In the case of Documents,designation shall be made by notifying all counsel in writing ofthose documents which are to be stamped and treated as such at American LegalNet, Inc. www.FormsWorkFlow.com 6any time up to fifteen (15) days after actual receipt of copiesof those documents by counsel for the party asserting theconfidentiality privilege. In the case of deposition Testimony,designation shall be made by notifying all counsel in writing ofthose portions which are to be stamped or otherwise treated assuch at any time up to fifteen (15) days after the transcript isreceived by counsel for the party asserting the confidentialityprivilege. Prior to the expiration of such fifteen (15) dayperiod (or until a designation is made by counsel, if such adesignation is made in a shorter period of time),all suchdocuments shall be treated as Confidential Information.12. (a) A Receiving Party who seeks to file with the Courtany deposition transcripts, exhibits, answers to interrogatories,and other documents which have previously been designated ascomprising or containing Confidential Information, and anypleading