Conney v. Quarles & Brady LLP et al
Filing
55
PROTECTIVE ORDER signed by Judge Lynn Adelman on 04/12/2018. (cc: all counsel)(lls)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DAVID CONNEY,
Plaintiff,
v.
Case No. 10-CV-1150
QUARLES & BRADY LLP, MICHAEL
SCHAALMAN, and PAUL BAUER,
Defendants.
PROTECTIVE ORDER
Based on the Stipulation of the parties and the factual representations set forth therein,
the Court finds that exchange of sensitive information between or among the parties and/or third
parties other than in accordance with this Order may cause unnecessary damage and injury to the
parties or to others. The Court further finds that the terms of this Order are fair and just and that
good cause has been shown for entry of a protective order governing the confidentiality of
documents produced in discovery, answers to interrogatories, answers to requests for admission,
and deposition testimony.
IT IS THEREFORE ORDERED THAT, pursuant to Fed. R. Civ. P. 26(c) and Civil L. R.
26(e):
(A) DESIGNATION OF CONFIDENTIAL OR ATTORNEYS’ EYES ONLY
INFORMATION. Designation of information under this Order must be made by placing or
affixing on the document or material, in a manner that will not interfere with its legibility, the
words “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”
(1)
One who produces information, documents, or other material may
designate them as “CONFIDENTIAL” when the person in good faith believes
they contain trade secrets or nonpublic confidential technical, commercial,
financial, personal, or business information.
(2)
One who produces information, documents, or other material may
designate them as “ATTORNEYS’ EYES ONLY” when the person in good faith
believes that they contain particularly sensitive trade secrets or other nonpublic
confidential technical, commercial, financial, personal, or business information
that requires protection beyond that afforded by a CONFIDENTIAL designation.
(3)
Except for information, documents, or other materials produced for
inspection at the party’s facilities, the designation of confidential information as
CONFIDENTIAL or ATTORNEYS’ EYES ONLY must be made prior to, or
contemporaneously with, their production or disclosure. In the event that
information, documents or other materials are produced for inspection at the
party’s facilities, such information, documents, or other materials may be
produced for inspection before being marked confidential. Once specific
information, documents, or other materials have been designated for copying, any
information, documents, or other materials containing confidential information
will then be marked confidential after copying but before delivery to the party
who inspected and designated them. There will be no waiver of confidentiality by
the inspection of confidential information, documents, or other materials before
they are copied and marked confidential pursuant to this procedure.
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(4)
Portions of depositions of a party’s present and former officers,
directors, employees, agents, experts, and representatives will be deemed
confidential only if designated as such when the deposition is taken or within 30
days of receipt of the deposition transcript.
(5)
If a party inadvertently produces information, documents, or other
material containing CONFIDENTIAL or ATTORNEYS’ EYES ONLY
information without marking or labeling it as such, the information, documents, or
other material shall not lose its protected status through such production and the
parties shall take all steps reasonably required to assure its continued
confidentiality if the producing party provides written notice to the receiving
party within 10 days of the discovery of the inadvertent production, identifying
the information, document or other material in question and of the corrected
confidential designation.
(B)
DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION.
Information, documents, or other material designated as CONFIDENTIAL OR ATTORNEYS’
EYES ONLY under this Order must not be used or disclosed by the parties or counsel for the
parties or any persons identified in subparagraphs (B)(1) and (2) below for any purposes
whatsoever other than preparing for and conducting the litigation in which the information,
documents, or other material were disclosed (including appeals).
(1) CONFIDENTIAL INFORMATION. The parties and counsel for the parties
must not disclose or permit the disclosure of any information, documents or other
material designated as “CONFIDENTIAL” by any third party under this Order, except
that disclosures may be made in the following circumstances:
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(a)
Disclosure may be made to employees of counsel for the parties
who have direct functional responsibility for the preparation and
trial of the lawsuit.
(b)
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, documents or other material.
(c)
Disclosure may be made to court reporters engaged for depositions
and those persons, if any, specifically engaged for the limited
purpose of making copies of documents or other material. Before
disclosure to any such court reporter or person engaged in making
copies, such reporter or person must agree to be bound by the
terms of this Order.
(d)
Disclosure may be made to consultants, investigators, or experts
(collectively “experts”) employed by the parties or counsel for the
parties to assist in the preparation and trial of the lawsuit. Before
disclosure to any expert, the expert must be informed of and agree
to be subject to the provisions of this Order requiring that the
information, documents, or other material be held in confidence.
(e)
Disclosure may be made to deposition and trial witnesses in
connection with their testimony in the lawsuit and to the Court and
the Court’s staff.
(f)
Disclosure may be made to persons already in lawful and
legitimate possession of such CONFIDENTIAL information.
ATTORNEYS’ EYES ONLY INFORMATION. The parties and counsel
(2)
for the parties must not disclose or permit the disclosure of any information, documents,
or other material designated as “ATTORNEYS’ EYES ONLY” by any other party or
third party under this Order to any other person or entity, except that disclosures may be
made in the following circumstances:
(a)
Disclosure may be made to counsel and 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 of, and
become subject to, the provisions of this Order requiring that the
information, documents, or other material be held in confidence.
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(b)
(c)
Disclosure may be made to consultants, investigators, or experts
(collectively “experts”) employed by the parties or counsel for the
parties to assist in the preparation and trial of the lawsuit. Before
disclosure to any expert, the expert must be informed of and agree
to be subject to the provisions of this Order requiring that the
information, documents, or other material be held in confidence.
(d)
Disclosure may be made to deposition and trial witnesses in
connection with their testimony in the lawsuit and to the Court and
the Court’s staff.
(e)
(C)
Disclosure may be made to court reporters engaged for depositions
and those persons, if any, specifically engaged for the limited
purpose of making copies of documents or other material. Before
disclosure to any such court reporter or person engaged in making
copies, such reporter or person must agree to be bound by the
terms of this Order.
Disclosure may be made to persons already in lawful and
legitimate possession of such ATTORNEYS’ EYES ONLY
information.
MAINTENANCE OF CONFIDENTIALITY. Except as provided in
subparagraph (B), counsel for the parties must keep all information, documents, or other material
designated as confidential that are received under this Order secure within their exclusive
possession and must place such information, documents, or other material in a secure area.
(1)
All copies, duplicates, extracts, summaries, or descriptions
(hereinafter referred to collectively as “copies”) of information, documents, or
other material designated as confidential under this Order, or any portion thereof,
must be immediately affixed with the words “CONFIDENTIAL” or
“ATTORNEYS’ EYES ONLY” if not already containing that designation.
(2)
To the extent that any answers to interrogatories, transcripts of 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 utilizing the procedures set forth in General L.
R. 79(d).
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(D)
CHALLENGES TO CONFIDENTIALITY DESIGNATION. A party may
challenge the designation of confidentiality by motion. The movant must accompany such a
motion with the statement required by Civil L. R. 37. The designating party bears the burden of
proving that the information, documents, or other material at issue are properly designated as
confidential. The Court may award the party prevailing on any such motion actual attorney fees
and costs attributable to the motion.
(E)
CONCLUSION OF LITIGATION. At the conclusion of the litigation, a party
may request that all information, documents, or other material not filed with the Court or
received into evidence and designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY
under this Order must be returned to the originating party or, if the parties so stipulate, destroyed,
unless otherwise provided by law. Notwithstanding the requirements of this paragraph, a party
may retain a complete set of all documents filed with the Court, subject to all other restrictions of
this Order.
SO ORDERED:
Dated at Milwaukee, Wisconsin this 12th day of April, 2018.
s/Lynn Adelman_________
Honorable Lynn Adelman
District Judge
30415729_1.DOCX
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