United States District Court, E.D. Wisconsin
DANIEL D. RICHMOND, Plaintiff,
PROCOLLECT, INC., Defendant.
PAMELA PEPPER United States District Judge.
April 25, 2018, the parties filed a joint motion for
protective order. Dkt. Nos. 17. The court
GRANTS the joint motion for entry of
protective order. Dkt. No.17, 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
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
(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
appeals). The parties must not disclose information,
documents, or other material designated as confidential to
putative class members not named as plaintiffs in putative
class litigation unless and until one or more classes have
been certified. Nothing in this Order prohibits a receiving
party that is a government agency from following its routine
uses and sharing such information, documents or other
material with other government agencies or self-regulatory
organizations as allowed by law.
(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 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 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.
(b) 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 ...