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Klein v. American Science And Engineering, Inc.

United States District Court, D. Massachusetts

August 11, 2016

SHARON KLEIN, individually and on behalf of all others similarly situated, Plaintiff
v.
AMERICAN SCIENCE AND ENGINEERING, INC., CHARLES P. DOUGHERTY, HAMILTON W. HELMER, DON R. KANIA, JOHN SANDERS, ROBERT N. SHADDOCK, MARK S. THOMPSON, and JENNIFER VOGEL, Defendants.

          Mitchell J. Matorin MATORIN LAW OFFICE, LLC Joseph Levi Michael H. Rosner William J. Fields LEVI & KORSINSKY LLP Attorneys for Plaintiff Sharon Klein

          Eric D. Wolkoff WILMER CUTLER PICKERING HALE AND DORR LLP Attorneys for Defendants

          STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING THE SEALING OF COURT RECORDS

          RICHARD G. STEARNS UNITED STATES DISTRICT COURT JUDGE

         Through their counsel of record, defendants American Science and Engineering, Inc., Charles P. Dougherty, Hamilton W. Helmer, Don R. Kania, John Sanders, Robert N. Shaddock, Mark S. Thompson, and Jennifer Vogel (collectively, “Defendants”), on the one hand, and plaintiff Sharon Klein (“Plaintiff”), on the other hand (collectively, the “Parties”), hereby stipulate, pursuant to Fed.R.Civ.P. 26(c), as follows:

         1. This Stipulated Confidentiality Agreement and Protective Order (“Order”) shall govern all documents or things produced in discovery, deposition testimony, exhibits and transcripts, written discovery requests and responses, and any other information or material produced, given or exchanged in the action captioned above (“Discovery Materials”), including any other information contained therein or derived therefrom, and the designation and handling of Discovery Materials containing confidential, proprietary and/or private information produced in this action by any Party or non-Party.

         2. Any Party or non-Party person or entity producing Discovery Materials (the “Producing Party”) may designate as “Confidential” those portions of Discovery Materials that contain or disclose confidential or proprietary information, information protected by the right to privacy, trade secrets, nonpublic inside information, private individual financial information, commercially sensitive information, personnel files or any other sensitive or proprietary information that has not been made public or otherwise disclosed to third parties (“Confidential Information”). Any Producing Party may designate any Discovery Material as “Highly Confidential” under the terms of this Order if such party in good faith reasonably believes that disclosure of the Discovery Material other than as permitted pursuant to Paragraph 8 of this Order is substantially likely to cause injury to the Producing Party (“Highly Confidential Information”). By designating Discovery Materials as containing Confidential or Highly Confidential Information, the Producing Party is certifying to the Court that there is a good faith basis in law and in fact for the designation within the meaning of Fed.R.Civ.P. 26(g).

         3. A Producing Party shall designate documents containing Confidential or Highly Confidential Information by marking a designated document, and all relevant pages of a designated document, with the word(s) “confidential” or “highly confidential” in a location that makes the designation readily apparent.

         4. A Party shall designate deposition testimony containing Confidential or Highly Confidential Information by, within thirty (30) days after receipt of the written deposition transcript, identifying the portions of the deposition testimony and exhibits to the deposition transcript which are confidential. Until that time, all deposition testimony, as well as the exhibits to the deposition transcript, shall be treated as confidential. A Party may also designate deposition testimony and exhibits as confidential at the time of deposition, and may instruct the deposition officer to mark deposition transcripts and exhibits as “confidential” either at the time of the deposition or at any time prior to receiving the written deposition transcript.

         5. A Producing Party shall designate electronic media containing Confidential or Highly Confidential Information, including but not limited to DVDs, CDs, flash drives, disks, hard-drives, video-recordings, etc., by, where practical, marking the media as “confidential” or “highly confidential.” 6. A Producing Party shall designate materials or things that have not been reduced to documentary or electronic form as containing Confidential or Highly Confidential Information by informing counsel for the Parties in writing that the material or thing contains Confidential or Highly Confidential Information.

         7. Any party seeking to file or disclose materials designated as Confidential or Highly Confidential Information with the Court in this action must file such Confidential or Highly Confidential Information under seal in accordance with the Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the District of Massachusetts.

         (a) A Party wishing to file a document or deposition transcript containing Confidential or Highly Confidential Information with the Court must file a motion with the Court containing a statement of the earliest date on which the sealing order may be lifted, or a statement, supported by good cause, that the material should be impounded until further order of the Court. If the filing Party is not the party that produced the Confidential or Highly Confidential Information to be filed, then the filing party need only include in such motion a statement of the earliest date on which the sealing order may be lifted, with such date to be at least ten days from the date of the motion. If the Court grants all of the relief requested in the motion to seal, then the filing Party shall file the document or deposition transcript under seal.

         8. Confidential or Highly Confidential Information shall not be used by a non-Producing Party for any purpose other than the defense or prosecution of this action and shall not be used, directly or indirectly, by any non-Producing Party for any business, commercial or competitive purpose whatsoever. Confidential or Highly Confidential Information shall not be discussed with, or disclosed to, any person except as specifically authorized by this Order. Neither Plaintiff, nor Plaintiff’s counsel, shall use any Confidential or Highly Confidential Information in connection with any future litigation against Defendants or any parties related to Defendants.

         9. Confidential Information shall be disclosed only to:

(a) the named Parties to this action and their officers, directors, and authorized agents deemed necessary by counsel for the prosecution or defense of this action;
(b) the attorneys for the Parties, including both outside and in-house counsel, and their staff;
(c) the Court and its staff in this action and in any appeal;
(d) the jury, if any;
(e) any mediators, arbitrators, or judicial referees and their staff used in ...

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