Delta Communications, LLC v. MCI Communications Services, Inc.

Filing 59

PROTECTIVE ORDER and ORDER GRANTING 58 Joint Motion for Protective Order filed by MCI Communications Services, Inc. Signed by Magistrate Judge Donald G. Wilkerson on 7/21/11. (alg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS

DELTA COMMUNICATIONS, L.L.C.
d/b/a CLEARWAVE COMMUNICATIONS,
Plaintiff,
v.

Case No. 10-cv-00980-GPM-DGW

MCI COMMUNICATIONS SERVICES, INC. d/b/a
VERIZON BUSINESS SERVICES,
Defendant.

PROTECTIVE ORDER
Pending before the Court is the parties’ Joint Motion for Entry of Protective Order (Doc. 58).
In accordance with Federal Rule of Civil Procedure 26(c), the Court finds there is good cause to
enter an Order protecting the parties’ and third parties’ confidential information. Wherefore, the
Court hereby GRANTS Joint Motion for Entry of Protective Order. The parties are reminded that
should any dispute arise regarding the scope or application of this Protective Order, they are required
to contact the Court before filing a motion.
WHEREFORE, IT IS HEREBY ORDERED:
1.

Any Party supplying documents or information in this proceeding may designate

such information or documents CONFIDENTIAL or ATTORNEYS’ EYES ONLY in the
manner provided below. As used herein, the term Party shall mean any party to this action. The
term Signatory shall mean any person who has agreed to be bound by the provisions of this
Protective Order.
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2.

This Protective Order shall apply to all information, documents and things within

the scope of discovery of this action that are in the custody or possession of the Parties and/or
which were received by a Party from a third party under an obligation of confidentiality, which
constitute or contain confidential financial, commercial, marketing or business information, trade
secrets, know-how or proprietary data relating to financial, commercial, marketing, business and
other subject matter within the meaning of Rule 26(c)(1)(G), and which is properly designated as
CONFIDENTIAL or ATTORNEYS’ EYES ONLY, pursuant to the following provisions by the
Party producing the information including, but not limited to, documents and things responsive
to requests for production of documents, responses to written interrogatories, responses to
requests for admission, testimony adduced at depositions, and hearing or trial transcripts.
3.

The term “CONFIDENTIAL” shall mean any information, documents or things,

whether documentary or oral, so designated by any party that constitutes sensitive personal
information, confidential financial, commercial, marketing or business information, know-how
or proprietary data relating to financial, commercial, marketing, business and other subject matter
within the meaning of Rule 26(c)(1)(G) that has been maintained as confidential. Information
may be designated CONFIDENTIAL because it constitutes Customer Proprietary Network
Information as defined by 47 U.S.C. § 222(h)(1). CONFIDENTIAL information includes copies,
summaries, abstracts, excerpts, indices and descriptions of CONFIDENTIAL information. A
designation of information or documents as CONFIDENTIAL shall constitute a representation by
the supplying Party that it in good faith believes that the material is entitled to protection under
Fed. R. Civ. P. 26(c).

2

4.

The term “ATTORNEYS’ EYES ONLY” shall mean CONFIDENTIAL

information, whether documentary or oral, designated by any party as ATTORNEYS’ EYES
ONLY, that is of such a highly sensitive or competitive nature that disclosure to the other party
would be likely to cause competitive harm to the producing party in the offering or provision of
telecommunications services. Information may be designated ATTORNEYS’ EYES ONLY on
the ground that it constitutes Customer Proprietary Network Information as defined by 47 U.S.C.
§ 222(h)(1). ATTORNEYS’ EYES ONLY information includes copies, summaries, abstracts,
excerpts, indices and descriptions of ATTORNEYS’ EYES ONLY information.
5.

Documents or information deemed CONFIDENTIAL or ATTORNEYS’ EYES

ONLY shall be so designated by one of the following means:
(a)

Labeling, marking or stamping documents and things that constitute or

contain CONFIDENTIAL information with the legend CONFIDENTIAL – SUBJECT TO
PROTECTIVE ORDER or ATTORNEYS’ EYES ONLY – SUBJECT TO PROTECTIVE
ORDER. Documents and things produced without a legend designating the material as
CONFIDENTIAL or ATTORNEYS’ EYES ONLY shall not be subject to this Protective Order
unless agreed by all Parties or ordered by this Court, or otherwise designated in accordance with
the provisions of Paragraph 5 of this Protective Order.
(b)

During the course of an oral deposition of current or former directors,

officers, employees or agents of a Party, or any witness pursuant to Paragraph 13(a)-(b) below,
stating on the record that the testimony in question contains CONFIDENTIAL information or
information for ATTORNEYS’ EYES ONLY. Alternatively, such designation may be made
within ten (10) days after an official deposition transcript is provided. In either case, that portion
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of the deposition transcript containing the CONFIDENTIAL or ATTORNEYS’ EYES ONLY
information shall be separately bound and marked CONFIDENTIAL or ATTORNEYS’ EYES
ONLY. The Parties agree to deem the entire transcript and all testimony adduced at each
deposition as ATTORNEYS’ EYES ONLY during such ten-day period. If notice is timely
received prior to the expiration of such ten days that a Party has designated transcript pages or
testimony as CONFIDENTIAL or ATTORNEYS’ EYES ONLY such testimony and/or pages
shall be deemed as such under this Order. All other testimony shall not be subject to this Order.
(c)

Marking or stamping the pages of interrogatory answers or the like

containing CONFIDENTIAL or ATTORNEYS’ EYES ONLY information; or
(d)

Marking and stamping the pertinent pages of any other documents,

discovery responses, or correspondence containing CONFIDENTIAL or ATTORNEYS’ EYES
ONLY information.
6.

With respect to documents and things marked ATTORNEYS’ EYES ONLY, in

which not all of the information in the document is ATTORNEYS’ EYES ONLY, the producing
party, upon request from the requesting party, is required to provide to the requesting party a
copy of the document with the ATTORNEYS’ EYES ONLY information redacted. If warranted
under the definition contained in Paragraph 3 of this agreement, the producing party may mark
the redacted copy as CONFIDENTIAL. If the redacted copy is so marked, it may only be used
and viewed in accordance with the terms and provisions of this agreement.
7.

If a Party or third party inadvertently produces or provides discovery of any

CONFIDENTIAL or ATTORNEYS’ EYES ONLY information without labeling or marking it
with the legend CONFIDENTIAL or ATTORNEYS’ EYES ONLY as provided in Paragraphs 3
4

and 4 of this Protective Order, the producing party may, within 10 days of learning of the
inadvertent production, give written notice to the receiving party that the document, thing or
other discovery information, response or testimony is CONFIDENTIAL or ATTORNEYS’
EYES ONLY information and should be treated as such in accordance with the provisions of this
Protective Order. Upon receipt of such notice, and unless such designation is challenged
pursuant to paragraph 22 of this Protective Order, the receiving party shall treat such documents,
things, information, responses and testimony as CONFIDENTIAL or ATTORNEYS’ EYES
ONLY information, whichever is applicable, and shall mark the documents or things with the
appropriate designation and so notify the producing party. Prior to receipt of such notice,
disclosure of such documents, things, information, responses, and testimony to a person not
authorized to receive CONFIDENTIAL or ATTORNEYS’ EYES ONLY information shall not
be deemed a violation of this Protective Order.
8.

Except for information protected by the attorney-client privilege, work product

doctrine or other recognized privilege, no information may be withheld from discovery on the
ground that the material to be disclosed requires protection greater than that afforded by this
Order unless the party claiming a need for greater protection moves for an order providing such
special protection pursuant to Fed. R. Civ. P. 26(c). Nothing contained in this Protective Order
shall be construed to require production or disclosure of any CONFIDENTIAL or
ATTORNEYS’ EYES ONLY information deemed by counsel for the party possessing such
material to be protected from disclosure by the attorney-client privilege, the attorney-workproduct doctrine, or any other applicable privilege.
9.

There is no waiver of the attorney-client privilege or the attorney work-product
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immunity should document(s) or thing(s) be produced which are otherwise protected from
disclosure by the attorney-client privilege or the attorney-work-product doctrine and which were
inadvertently produced. Upon prompt notice by a producing party and upon a showing of
privilege or immunity, the receiving party shall immediately return the originals and all copies of
the privileged or protected document(s) or thing(s), unless the receiving party disputes the
showing of privilege or protection. If the receiving party disputes the showing, the receiving
party’s outside counsel may retain one copy of the document(s) or thing(s). Within ten (10) days
thereafter, the receiving party must file a motion with the Court to compel production of the
document(s) or thing(s). The producing Party shall have the burden of showing privilege or
protection. From receipt of notice and until this Court resolves any such motion, the receiving
party shall maintain the document(s) or thing(s) at issue on an ATTORNEYS’ EYES ONLY
basis.
10.

Material marked, labeled or otherwise designated CONFIDENTIAL or

ATTORNEYS’ EYES ONLY as described in Paragraphs 3 and 4 of this Protective Order may be
offered into evidence at hearings and may be used to prepare for and conduct discovery, to
prepare for trial and to support or oppose any motion in this action, but shall be subject to
Paragraphs 11 through 16 below and to any further order regarding confidentiality that this Court
may enter.
11.

Material designated as CONFIDENTIAL shall be deemed and treated as such

unless and until this Court rules to the contrary, and one Party’s access to another Party’s
CONFIDENTIAL information and disclosure thereof shall be limited, unless and until this Court
rules that there may be further disclosure, to:
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(a)

The Court, Court personnel, Court officials involved in this litigation

(including court reporters), and any person designated by the Court upon such terms as the Court
may deem proper.
(b)

Any in-house counsel of a Party (or of any affiliate of Verizon Business) to

the extent necessary in the conduct of this litigation or in rendering legal advice in connection
with this litigation, and the stenographic, clerical and paralegal employees and agents of said
counsel whose duties and responsibilities require access to material designated
CONFIDENTIAL.
(c)

Outside counsel that are retained or engaged by a Party for purposes of this

litigation, and outside counsel’s stenographic, paralegal and clerical employees or agents whose
duties and responsibilities require access to CONFIDENTIAL information.
(d)

Outside consultants and experts that are retained or engaged by a Party for

purposes of this litigation whose duties and responsibilities require access to CONFIDENTIAL
information. Five days prior to disclosure to any consultant or expert, the person must be
informed of and agree to be subject to the provisions of this Protective Order requiring that the
documents and information be held in confidence by signing an undertaking in the form of
Exhibit A to this Protective Order, and a copy of such undertaking must be provided to the
outside counsel of record who retained or engaged the expert or consultant.
(e)

Current or former officers or employees of a Party (or of any affiliate of

Verizon Business) only to the extent necessary, on a “need to know” basis, to provide advice in
the conduct of this litigation, provided that former officers and employees may not retain copies

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of or otherwise recreate any material designated as CONFIDENTIAL that is shown to them,
pursuant to the provisions of this subparagraph.
(f)

Court reporters and videographers engaged for depositions and those third

parties, if any, specifically engaged for the limited purpose of copying, processing or managing
documents.
(g)
12.

Any other person agreed to in writing by the producing Party.

Material designated as ATTORNEYS’ EYES ONLY shall be deemed and treated

as ATTORNEYS’ EYES ONLY information, unless and until this Court rules to the contrary,
and one Party’s access to another Party’s ATTORNEYS’ EYES ONLY information and
disclosure thereof shall be limited, unless and until this Court rules that there may be further
disclosure, to:
(a)

The Court, Court personnel, Court officials involved in this Litigation

(including court reporters), and any person designated by the Court upon such terms as the Court
may deem proper.
(b)

Outside counsel of record for the Parties, and outside counsel’s

stenographic, paralegal and clerical employees or agents whose duties and responsibilities require
access to ATTORNEYS’ EYES ONLY information.
(c)

Inside counsel for the Parties who are responsible for this litigation, and

those inside counsel’s stenographic, paralegal and clerical employees or agents whose duties and
responsibilities require access to ATTORNEYS’ EYES ONLY information.
(d)

Current and/or former employees and directors of the producing party who

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are witnesses at depositions or trial, but only to the extent reasonably necessary to examine that
person.
(e)

Individuals who are authors or recipients, including copy recipients, of the

ATTORNEYS’ EYES ONLY information.
(f)

Court reporters and videographers engaged for depositions and third

parties, if any, specifically engaged for the limited purpose of copying, processing or managing
documents.
(g)

Outside consultants and experts that are retained or engaged by a Party for

purposes of this litigation whose duties and responsibilities require access to ATTORNEYS’
EYES ONLY information. Five days prior to disclosure to any consultant or expert, the person
must be informed of and agree to be subject to the provisions of this Protective Order requiring
that the documents and information be held in confidence by signing an undertaking in the form
of Exhibit A to this Protective Order, and a copy of such undertaking must be provided to the
outside counsel of record who retained or engaged the expert or consultant.
(h)

Any other person agreed to in writing by the party designating the

ATTORNEYS’ EYES ONLY information.
13.

Any Party may, at a deposition or in preparing for a deposition, absent a Court

order or agreement to the contrary, disclose CONFIDENTIAL information to: (1) any person
identified in Paragraph 11; or (2) any Party or Signatory to this Protective Order. Similarly, any
party may, at a deposition or in preparing for a deposition, absent a Court order or agreement to
the contrary, disclose ATTORNEYS’ EYES ONLY information to any person identified in
Paragraph 12.
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(a)

Any Party who wishes to disclose CONFIDENTIAL information to a

deposition witness who does not fall into one of the categories set forth in Paragraph 11 should
make reasonable efforts to have the witness sign an Undertaking in the form of annexed Exhibit
A. Before any CONFIDENTIAL information may be disclosed to any witness who refuses to
sign the Undertaking, the party wishing to make such disclosure shall give at least 10 days
advance notice in writing to the counsel who designated such information as CONFIDENTIAL,
stating the names and addresses of the person(s) to whom the disclosure will be made,
identifying with particularity the documents to be disclosed, and stating the purposes of such
disclosure. If within 5 days an objection to the proposed disclosure is filed with the Court, the
objecting party shall arrange a teleconference with the Court and deliver copies of the documents
in question to the Court prior to the teleconference. Disclosure is not permissible until the Court
has denied the objection. The Court will deny the objection unless the objecting party shows
good cause why the proposed disclosure should not be permitted. The objecting party will have
the burden of persuasion.
(b)

Third parties who produce documents in this case, pursuant to subpoenas

or otherwise, may elect to become Signatories to this Protective Order by executing an Election
in the form of the attached Exhibit B. Such third parties shall then enjoy the benefits of this
Protective Order as to the protection of CONFIDENTIAL and ATTORNEYS’ EYES ONLY
information produced by such third parties, and they shall also be bound by the obligations of
this Protective Order, including the obligation to maintain the confidentiality of
CONFIDENTIAL and ATTORNEYS’ EYES ONLY information. With respect to any such third
party, the provisions of paragraph 13 and all its subparagraphs shall apply with respect to
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depositions and preparation for depositions.

(c)

All disputes regarding whether a witness may or may not be shown

specified documents at a deposition or in preparation for a deposition will be resolved by the
United States District Court for the Southern District of Illinois, regardless of the location of the
witness or the deposition, and all interested persons shall be bound by the Orders of said Court
relating thereto.
14.

Nothing shall restrict a Party from disclosing to its own officers, directors,

partners, members or employees CONFIDENTIAL or ATTORNEYS’ EYES ONLY information
it has produced, or from disclosing CONFIDENTIAL or ATTORNEYS’ EYES ONLY
information, provided that if a producing party renders CONFIDENTIAL or ATTORNEYS’
EYES ONLY information public, the receiving party may treat the document in the same
manner.
15.

Nothing in paragraphs 11 through 13 with respect to the disclosure of such

CONFIDENTIAL or ATTORNEYS’ EYES ONLY information shall be construed as excepting
or otherwise limiting the confidentiality provisions of paragraph 19 contained herein and the
protections envisioned by said paragraph 19 are expressly made applicable to the persons and
entities described in paragraphs 11 through 13.
16.

This Protective Order does not limit the right of a Party to offer CONFIDENTIAL

or ATTORNEYS’ EYES ONLY information into evidence at trial, or to use it for any other
lawful trial purpose, including impeachment. A Party may seek advance determination by the
Court of the admissibility or non-admissibility of CONFIDENTIAL or ATTORNEYS’ EYES
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ONLY information. The Court may apply restrictions, as it deems appropriate, on the manner of
use of CONFIDENTIAL or ATTORNEYS’ EYES ONLY information at trial, on re-publication
of CONFIDENTIAL or ATTORNEYS’ EYES ONLY information introduced at trial, and on
public access to CONFIDENTIAL or ATTORNEYS’ EYES ONLY information introduced at
trial.
Subject to the Federal Rules of Evidence, documents stamped CONFIDENTIAL or
ATTORNEYS’ EYES ONLY and any other CONFIDENTIAL information may be offered in
evidence at trial or any Court hearing, provided that the proponent of the evidence gives advance
notice 3 days prior to use at a hearing and in the final pretrial order for use at trial to counsel for
any party or other person that designated the information as CONFIDENTIAL or ATTORNEYS’
EYES ONLY. Any party may move the Court for an order that the evidence be received in
camera or under other conditions to prevent unnecessary disclosure. The Court will then
determine whether the proffered evidence should continue to be treated as CONFIDENTIAL or
ATTORNEYS’ EYES ONLY information and, if so, what protection, if any, may be afforded to
such information at the trial.
17.

Any corporation or entity which is affiliated with any of the Parties and which

produces documents or information responsive to the Parties’ discovery requests is a third-party
beneficiary of this Protective Order and Nondisclosure Agreement and may pursue all civil
remedies available to it for breach thereof.
18.

In the event that the Parties desire to provide access to or disseminate

CONFIDENTIAL or ATTORNEYS’ EYES ONLY information to any person not otherwise
entitled to access under this Protective Order, the Parties may agree to allow such access or any
12

Party may move the Court for an Order that such person be given access thereto. In the event
that the motion is granted, such person may have access to CONFIDENTIAL or ATTORNEYS’
EYES ONLY information after first signing an Undertaking in the form of Exhibit A attached
hereto. Counsel seeking disclosure of such CONFIDENTIAL or ATTORNEYS’ EYES ONLY
information shall retain the original of each such signed Undertaking through the conclusion of
this action, including any appeals.
19.

Material designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY,

including all information derived therefrom and all copies, summaries, abstracts, excerpts,
indices and descriptions of such material shall be held in confidence, shall not be made public by
any Party or person entitled under the terms of this Protective Order to access such material, and
shall not be used for any financial, commercial, marketing, business or other competitive
purpose.
20.

If CONFIDENTIAL or ATTORNEYS’ EYES ONLY information is disclosed to

or comes into the possession of any person other than in the manner authorized by this Protective
Order, any Party becoming aware of such disclosure shall immediately inform the producing
party of all pertinent facts relating to such disclosure and shall instruct each unauthorized person
to treat such information as confidential and demand that it be returned.
21.

If any material designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY

is to be filed with the court in connection with any proceedings in this action, such material shall
be filed in accordance with Local Rule 5.1. If a Party anticipates the disclosure, at an oral court
hearing, of a document marked CONFIDENTIAL or ATTORNEYS’ EYES ONLY that has not

13

been filed under seal, the Party seeking to use such material shall provide notice to the producing
party at least three business days prior to the hearing.
22.

The acceptance of material designated as CONFIDENTIAL or ATTORNEYS’

EYES ONLY shall not constitute an admission or concession, or permit an inference that such
material is, in fact, confidential. Any Party may challenge the confidential designation of
material as not confidential. Similarly, any party may challenge a designation of ATTORNEYS’
EYES ONLY. Such challenge must be in writing. If the status of any material or information
that has been designated CONFIDENTIAL or ATTORNEYS’ EYES ONLY is challenged, the
producing party shall have ten (10) days after receipt of the written challenge to object in writing
to the challenge. In the case that a timely written objection to the challenge is made, the party
requesting declassification shall have the burden of filing with the Court a motion to declassify,
and this Court will resolve the issue. The producing party shall have the burden of establishing
that the CONFIDENTIAL or ATTORNEYS’ EYES ONLY information should not be
declassified. Such motion or application shall identify with specificity the CONFIDENTIAL or
ATTORNEYS’ EYES ONLY information that is the subject of the motion, but shall not disclose
or reveal the contents of that material except in the manner prescribed by this Order. If such a
motion or application is made, all discovery material so designated shall maintain
CONFIDENTIAL or ATTORNEYS’ EYES ONLY status pending a determination by the Court
as to its appropriate status. If there is no written objection to the challenge within ten (10) days
thereof, the challenged material shall become non-confidential.
23.

This Protective Order shall not be construed to prevent the Parties from applying

to this Court for relief therefrom, or from applying to this Court for further or additional
14

protective orders, or from agreeing between themselves to modifications of this Protective Order,
subject to the approval of this Court. The Protective Order shall not preclude the Parties from
enforcing their rights against any other Party or any non-party believed to be violating their
rights. It is expressly understood between counsel for the parties that the category of personnel
set forth in Paragraphs 11 and 12 supra may be increased by agreement or upon a showing,
subject to the approval of this Court, by any Party that such modification is necessary.
24.

Upon final termination of this action, including all appeals, the receiving party

may retain in-house and at its outside counsel of record in this case documents, things, copies
and samples to the extent they include or reflect the receiving attorney’s work product. Such
outside counsel may also retain a complete set of all documents filed with the Court in this
action. With respect to any such retained material, this Protective Order shall survive the final
termination of this action to the extent the information in such material is not or does not become
known to the public and continue to be binding upon all persons to whom CONFIDENTIAL or
ATTORNEYS’ EYES ONLY information is disclosed hereunder. Within one hundred and
twenty (120) days of final termination of this action, including all appeals, all copies and samples
of material designated CONFIDENTIAL or ATTORNEY EYES ONLY and any other
summaries, abstracts, excerpts, indices and descriptions of such material and information derived
from such material that are recorded in any tangible form, (1) shall be assembled (except for any
that may be retained by the Court) and returned to the producing party’s counsel, along with a
certification in writing that all such materials have been returned; or (2) the receiving party may
alternatively destroy all such materials and certify, in writing, the destruction thereof.
Accordingly, upon final termination of this action, no one, other than outside counsel of record in
15

this case as described herein, shall retain any copies or samples of any material designated as
CONFIDENTIAL or ATTORNEYS’ EYES ONLY.
25.

The restrictions and obligations set forth herein relating to material designated as

CONFIDENTIAL or ATTORNEYS’ EYES ONLY shall not apply to any information that: (a)
the Parties agree should not be designated as such; (b) the Parties agree, or this Court rules, is
already public knowledge; (c) the Parties agree, or this Court rules, has become public
knowledge other than as a result of disclosure by the receiving party, its employees or agents in
violation of this Protective Order; or (d) has come or shall come into the receiving party’s
legitimate knowledge or possession independently of the production by a Party under conditions
such that its use and/or public disclosure by the receiving party would not violate some
obligation to another. The burden of proving prior knowledge is upon the Party asserting such
prior knowledge. Such restrictions and obligations shall not be deemed to prohibit discussions
with any person of any material designated as CONFIDENTIAL or ATTORNEYS’ EYES
ONLY if that person already has or obtains legitimate possession thereof.
26.

Until such time as this Order has been entered by the Court, the parties agree that

upon execution by all of the parties, it will be treated as though it had been “So Ordered.” At the
conclusion of the present action, the Court shall retain jurisdiction to enforce the terms of this
Order. Each recipient of CONFIDENTIAL or ATTORNEYS’ EYES ONLY information that
executes Exhibit A shall be subject to the jurisdiction of this Court for purposes of the
implementation and enforcement of this Order.
DATED: July 21, 2011

__________________________
DONALD G. WILKERSON
United States Magistrate Judge
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS

DELTA COMMUNICATIONS, L.L.C.
d/b/a CLEARWAVE
COMMUNICATIONS,
Plaintiff,
Case No. 10-cv-00980-GPM-DGW
v.
MCI COMMUNICATIONS
SERVICES, INC. d/b/a VERIZON
BUSINESS SERVICES,
Defendant.

EXHIBIT A
UNDERTAKING OF
STATE OF
COUNTY OF

)
)
)

ss:

I, being duly sworn, state that:
1.

My present address is _________________________. My present
employer is __________________________________, and the address of
my present employer is _________________________________. My
present occupation is _____________________________.

2.

I have received a copy of the Protective Order in this action. I have
carefully read and understand the provisions of the Protective Order.

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3.

I will comply with all of the provisions of the Protective Order. I will hold
in confidence, will not disclose to anyone not qualified under the
Protective Order and will use only for purposes of the above-entitled
action, any CONFIDENTIAL information, including ATTORNEYS’
EYES ONLY information if relevant, including the substance and any
copy, summary, abstract, excerpt, index or description of such material
that is disclosed to me.

4.

I will return all CONFIDENTIAL information, including ATTORNEYS’
EYES ONLY information, if applicable, that comes into my possession,
and all documents and things that I have prepared relating thereto, to
counsel for the Party by whom I am employed or retained or from whom I
received such material when requested to do so.

5.

I understand that if I violate the provisions of the Protective Order, I will
be subject to sanctions by the Court, and that the producing party may
assert other remedies against me. I hereby submit to the jurisdiction of
this Court for the purpose of enforcement of the Protective Order in this
action.
_________________________

Sworn to and subscribed before me
this ___ day of _________, 20
_____________________________
Notary Public
My commission expires ______

18

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS

DELTA COMMUNICATIONS, L.L.C.
d/b/a CLEARWAVE
COMMUNICATIONS,
Plaintiff,
Case No. 10-cv-00980-GPM-DGW
v.
MCI COMMUNICATIONS SERVICES,
INC. d/b/a VERIZON BUSINESS
SERVICES,
Defendant.

EXHIBIT B
ELECTION OF NON-PARTY TO PARTICIPATE IN PROTECTIVE ORDER
NAME OF NON-PARTY:
STATE OF
COUNTY OF

)
) ss:
)

I, being duly sworn, state that:
1.

My present address is _________________________. My present
employer is __________________________________, and the address of
my present employer is _________________________________. My
present occupation is _____________________________.

2.

I have received a copy of the Protective Order in this action. I have
carefully read and understand the provisions of the Protective Order.
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3.

I hereby elect to become a Signatory to the Protective Order. Any
CONFIDENTIAL information, including ATTORNEYS’ EYES ONLY
information, if applicable, produced by me will be so designed in
accordance with the terms of the Protective Order, and will receive the
protections set forth in the Protective Order. I will comply with all of the
provisions of the Protective Order. I will hold in confidence, will not
disclose to anyone not qualified under the Protective Order, and will use
only for purposes of the above-entitled action, any CONFIDENTIAL
information, including ATTORNEYS’ EYES ONLY information, if
applicable, including the substance and any copy, summary, abstract,
excerpt, index or description of such material that is disclosed to me.

4.

I will return all CONFIDENTIAL information, including ATTORNEYS’
EYES ONLY information, if applicable, that comes into my possession,
and all documents and things that I have prepared relating thereto, to
counsel for the Party by whom I am employed or retained or from whom I
received such material when requested to do so.

5.

I understand that if I violate the provisions of the Protective Order, I will
be subject to sanctions by the Court, and that the producing party may
assert other remedies against me. I hereby submit to the jurisdiction of
this Court for the purpose of enforcement of the Protective Order in this
action.

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_________________________
Sworn to and subscribed before me
this ___ day of _________, 20__
_____________________________
Notary Public
My commission expires ______

21