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Hasamear v. Home Depot U.S.A. Inc.

United States District Court, S.D. Illinois

December 1, 2017

PATRICIA HASAMEAR, Plaintiff,
v.
HOME DEPOT U.S.A. INC b/d/a Home Depot, Defendant.

          Attorney for Plaintiff, Patricia Hasamear Mr. Blake G. Meinders Sprague & Urban Law Office

          Attorney for Defendant, Home Depot USA, Inc. Sanchez Daniels & Hoffman LLP

          CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER

          Donald G. Wilkerson United States Magistrate Judge

         The discovery sought by the parties in the above-captioned case is likely to involve production of documents and things containing business, competitive, proprietary, trade secret or other information of a sensitive nature about the party (or of another person which information the party is under a duty to maintain in confidence), hereafter referenced to as "Confidential Information, " and witness testimony containing Confidential Information, Accordingly, the parties having agreed to enter into this Confidentiality Stipulation and Protective Order ("the Order") to govern the production documents and testimony that contains Confidential Information, and for good cause shown, the Court hereby ORDERS as follows:

         Designation of Confidential Information

         1. Designation of Material.

         Documents and other things claimed to be or to contain Confidential Information shall, at the time the document is produced or within twenty-one (21) days, be marked by the producing party as "Confidential." Placement of the "Confidential" designation on each protected page or on the initial page of a protected document when it is produced shall constitute notice and shall designate the document as Confidential material. Copies, extracts, summaries, notes, and other derivatives of Confidential material also shall be deemed Confidential material and shall be subject to the provisions of this Order. With respect to electronic data or information, the notation “Confidential” shall be plainly marked on a label affixed to the disk, tape, or other medium on which the information is transmitted or stored. To designate answers to interrogatories or answers to requests for admissions which contain confidential information, the producing party shall mark each page thereof with the notation “Confidential” in a separate document and make reference to the separately-produced document containing the answer. Such separate document shall be deemed to be verified by the signature of the responding party on the interrogatory answer.

         2. Designation of Depositions.

         Counsel or a party may designate any deposition transcript believed to contain confidential testimony or exhibits (including any video recording of the deposition) as provisionally Confidential by noting the designation on the record during or at the conclusion of the deposition. The failure of any party to provisionally designate as Confidential any portion of the deposition at or during the deposition shall not preclude the party from subsequently designating any portion of the deposition (identified by page and line number) as Confidential. Where a deposition has been provisionally designated as Confidential, the court reporter shall mark the cover of the transcript with the legend, “PORTIONS OF THIS TRANSCRIPT ARE CONFIDENTIAL PURSUANT TO COURT ORDER.” The party making the provisional designation shall have thirty (30) days after the delivery of the deposition transcript to notify the court reporter and the other parties to this action in writing of which pages and line numbers of the transcript are to be treated as Confidential. Until the expiration of the thirty (30)-day period, the entirety of the transcript will be treated as Confidential. Documents and deposition transcripts designated as Confidential pursuant to this Protective Order may be introduced as exhibits in depositions or in hearings in this action. Such Documents and deposition transcripts used as exhibits shall not thereby lose their Confidential status, and the exhibits shall be treated as Confidential by the parties pursuant to this Protective Order. Information disclosed at a deposition that is not designated Confidential pursuant to this paragraph may be treated as though it is not Confidential.

         3. Subsequent Designation.

         In the event that a Producing Party inadvertently or mistakenly fails to stamp or otherwise designate a document or other information as Confidential at the time of its production, that party may subsequently designate such information by giving written notice to all Receiving Parties. The Producing Party shall so designate the Document or testimony when the error is discovered and communicate such designation in writing to counsel for the Receiving Party. The inadvertent, mistaken or unintentional disclosure of any Confidential Information by a producing party shall not be construed as a waiver, in whole or in part, of the Producing Party's claim of confidentiality either as to the specific Document disclosed or as to any other related information. All Receiving Parties who disclosed such information before receiving the Producing Party's written notice of the inadvertent or mistaken failure to designate a document or other information as Confidential shall inform the Producing Party of the disclosure and to whom the disclosure was made so as to allow the Producing Party to attempt to retrieve the Document or information. No Receiving Party, however, shall have any other obligation or liability due to any disclosure of the information that occurred before the receipt of such notice provided that any subsequent disclosures shall be in accordance with such designation.

         If information subject to a claim of attorney-client privilege, attorney work product or any other privilege, protection or immunity is inadvertently or mistakenly produced, such production shall not constitute a waiver of, or estoppel as to, the Producing Party's right to assert such a claim of privilege, work product or other protection or immunity with respect to the produced materials. If a claim of privilege, work product or other protection or immunity is asserted with respect to information then in the custody of another party, such Receiving Party shall promptly return the original and all copies of the information to the claiming party and shall not use such information for any purpose. The return of the materials to the Producing Party shall not preclude a Receiving Party from subsequently moving the Court for an order compelling production of the material based on a ground other than waiver of privilege.

         4. Challenges of Designation.

          At any time, any party may challenge the propriety of the designation of a given document or information as “Confidential” by notifying the producing party of its challenge, and the bases therefore, in writing. Upon a failure to reach agreement upon the propriety of the “Confidential” designation, the party seeking to challenge the designation of the Document or information as “Confidential” may file a motion for hearing seeking relief from the court whereby the burden shall be on the party making the “Confidential” designation to demonstrate the propriety of the designation. All documents, testimony or other materials designated by the Producing Party as “Confidential”, however, shall retain their status and full protection under this Order until such time as the Court enters an Order otherwise and the time for taking an ...


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