Green Bay Metropolitan Sewerage District v. Georgia-Pacific Consumer Products LP

Filing 14

PROTECTIVE ORDER. Order granting 11 Motion for Protective Order, signed by Chief Judge William C Griesbach on 05/22/2013. (cc: all counsel) (Griesbach, William)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WISCONSIN
GREEN BAY DIVISION
GREEN BAY METROPOLITAN
SEWERAGE DISTRICT,
Plaintiff,
v.

Case No. 13-CV-00186-WCG

GEORGIA-PACIFIC CONSUMER
PRODUCTS LP,
Defendant.

STIPULATED PROTECTIVE ORDER AGAINST UNAUTHORIZED USE OR
DISCLOSURE OF CONFIDENTIAL INFORMATION

Upon stipulation and joint motion of the parties, and it appearing to the Court that there is
good cause to enter an appropriate Protective Order to protect confidential, non-public business and
financial information and materials which may be made available in the course of discovery in this
case, and whose public disclosure would create a substantial risk of competitive harm to defendant
George Pacific Consumer Products LP and plaintiff Green Bay Metropolitan Sewerage District.
IT IS HEREBY ORDERED THAT pursuant to Civil Local Rule 26(e) the following
principles and procedures designed to assure the protection of proprietary or confidential documents
and information shall govern any and all discovery among the parties:

A.

Designation of confidential information must be made by placing or affixing on the
document in a manner which will not interfere with its legibility the word
"CONFIDENTIAL." One who provides material may designate it as
"CONFIDENTIAL" only when such person/entity in good faith believes it contains

trade secrets or nonpublic technical, commercial, financial, personal, or business
information. Except for documents produced for inspection at the party's facilities,
the designation of confidential information must be made prior to, or
contemporaneously with, the production or disclosure of that information. In the
event that documents are produced for inspection at the party's facilities, such
documents may be produced for inspection before being marked confidential. Once
specific documents have been designated for copying, any documents containing
confidential information will then be marked confidential after copying but before
delivery to the party who inspected and designated the documents. There will be
no waiver of confidentiality by the inspection of confidential documents before they
are copied and marked confidential pursuant to this procedure.
B.

Portions of depositions of a party's present and former officers, directors,
employees, agents, experts and representatives must be deemed confidential only
if they are designated as such when the deposition is taken.

C.

Information or documents designated as confidential under this rule must not be
used or disclosed by the parties or counsel for the parties or any persons identified
in subparagraph (D) for any purposes whatsoever other than preparing for and
conducting the litigation in which the information or documents were disclosed
(including appeals). The parties must not disclose information or documents
designated as confidential to putative class members not named as plaintiffs in
putative class litigation unless and until one or more classes has been certified.

D.

The parties and counsel for the parties must not disclose or permit the disclosure of
any documents or information designated as confidential under this rule to any other
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person or entity, except that disclosures may be made in the following
circumstances:
i.

ii.

Disclosure may be made only to employees of a party required in good faith
to provide assistance in the conduct of the litigation in which the
information was disclosed who are identified as such in writing to counsel
for the other parties in advance of the disclosure of the confidential
information.

iii.

Disclosure may be made to court reporters engaged for depositions and
those persons, if any, specifically engaged for the limited purpose of making
photocopies of documents. Prior to disclosure to any such court reporter or
person engaged in making photocopies of documents, such person must
agree to be bound the terms of this rule.

iv.

E.

Disclosure may be made to employees of counsel for the parties who have
direct functional responsibility for the preparation and trial of the lawsuit.
Any such employee to whom counsel for the parties makes a disclosure
must be advised or, and become subject to, the provisions of this rule
requiring that the documents and information be held in confidence.

Disclosure may be made to consultants, investigators, or experts (hereinafter
referred to collectively as "experts") employed by the parties or counsel for
the parties to assist in the preparation and trial of the lawsuit. Prior to
disclosure to any expert, the expert must be informed of and agree to be
subject to the provisions of this rule requiring that the documents and
information be held in confidence.

Except as provided in subparagraph (D), counsel for the parties must keep all
documents designated as confidential which are received under this rule secure
within their exclusive possession and must place such documents in a secure area.

F.

All copies, duplicates, extracts, summaries, or descriptions (hereinafter referred to
collectively as "copies") of documents or information designated as confidential
under this rule, or any portion thereof, must be immediately affixed with the word
"CONFIDENTIAL" if that word does not already appear.

G.

To the extent that any answers to interrogatories, transcripts of depositions,
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responses to requests for admissions, or any other papers filed or to be filed with the
Court reveal or tend to reveal information claimed to be confidential, these papers
or any portion thereof must be filed under seal by the filing party with the Clerk of
Court in an enveloped marked "SEALED." A reference to this rule may also be
made on the envelope.
H.

Any party filing information claimed to be confidential under subsection (G) must
include with that filing either: (1) a motion to seal the material pursuant to General
L. R. 79(d); or (2) an objection to the designation of the information as confidential.
If such an objection is made, the person having designated the information as
confidential may file a motion to seal under General L. R. 79(d) within 21 days of
the objection.

APPROVED AND HEREBY ORDERED THIS 22nd day of May, 2013.
s/ William C. Griesbach
Honorable William C. Griesbach
Chief U.S. District Judge

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