United States District Court, E.D. Wisconsin
PAMELA PEPPER UNITED STATES DISTRICT JUDGE.
February 6, 2018, the parties filed a joint motion for
protective order, dkt. no. 22, and submitted a stipulated
protective order to the court's proposed order mailbox.
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. The court
GRANTS the joint motion for entry of
protective order, dkt. no. 22, APPROVES the
stipulation, and under Federal Rule of Civil Procedure 26(c)
and Civil Local Rule 26(e) (E.D. Wis.),
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.
(4) Portions of depositions of a party's present and
former officers, directors, employees, agents, experts, and
representative 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.
DISCLOSURE AND USE OF CONFIDENTIAL 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
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 other party or third party
under this Order, except that disclosures may be made in the
(a) Disclosure may be made to employees of counsel for the
parties or, when the party is a government entity, employees
of the government, 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.
(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 ...