The opinion of the court was delivered by: Judge Assigned: Michael J. Reagan
Pursuant to the Order entered on April 24, 2006 the documents produced in this case are governed by the following:
Scope of "Confidential" Information and Documents
Given the nature of the claims and parties, the following types of information and documents are deemed confidential in this matter, whether produced by Defendants or Plaintiff:
(i) documents relating to Defendants' internal environmental audits, action plans to address environmental issues, reports and meeting notes regarding environmental audits, issues, efforts and action plans, and notes and reports from plant visits; and
(ii) documents relating to the manner in which Defendants conduct their business operations concerning environmental issues, including confidential information not available to the general public, which for the purposes of this Order is limited to information and documents reflecting or revealing the manner, processes and/or methods by which Defendants identify, monitor and address environmental issues.
For purposes of this Order, "document" or "documents" means all writings of any kind, including the originals and all non-identical copies, whether different from the originals by reason of any notation made on such copies or otherwise (e.g., e-mail, correspondence, diaries, notes, pamphlets, notations of any sort of conversations, telephone calls, meetings or other communications), graphical or aural records or representations of any kind (e.g., x-rays, photographs, charts, graphs, video tapes and motion pictures), and computer, electronic, mechanical or electrical records or representations of any kind (e.g., tapes, disks and recordings).
THEREFORE, for good cause shown, it is ORDERED that all information and documents produced in this case by the parties shall be subject to this Protective Order:
1. This Order shall govern all information and documents, as limited by paragraphs (i) and (ii) above, which are produced by the parties and designated by the producing party as confidential and subject to this Order. The parties shall designate material as confidential and subject to this Order by placing the below marking on the document in a manner which will not interfere with its legibility.
CONFIDENTIAL - PROTECTED INFORMATION
Any information and documents marked in this manner shall be "Confidential - Protected Information" and shall be treated as provided below.
2. With respect to any portion of deposition testimony deemed to be Confidential - Protected Information by a party, the designation of confidentiality may be made on the record at the time of the deposition, at which time the designated portion of the testimony shall be deemed Confidential - Protected Information subject to the full protection of this Order. In the case of testimony not so designated during the course of the deposition, counsel must, within ten (10) business days of receipt of the deposition transcript, notify the parties, in writing, of that portion of the deposition testimony that the party contends contains confidential material, in which case the designated portion of the testimony shall thereafter be subject to the full protections of this Order.
3. If a party wishes to use any Confidential - Protected Information in any affidavits, briefs, memoranda of law, oral argument, or other papers filed in this Court in this litigation, the party must submit that information under seal.
4. Except as otherwise directed by this Court, Confidential - Protected Information produced by the parties and protected by ...