United States District Court, D. Massachusetts
Margaret K. Minister PIERCE ATWOOD LLP TREDECIM LLC Sean L.
Sweeney Attorneys for Plaintiff Odyssey Electronics Ltd.
E. Kenney Pierce & Mandell, P.C. Attorney for Defendant
Odyssey Electronics, Inc.
parties to this Consent Confidentiality Order have agreed to
the terms of this Order; accordingly, it is ORDERED:
documents produced in the course of discovery, including
initial disclosures, all responses to discovery requests, all
deposition testimony and exhibits, other materials which may
be subject to restrictions on disclosure for good cause and
information derived directly therefrom (hereinafter
collectively “documents”), shall be subject to
this Order concerning confidential information as set forth
below. This Order is subject to the Local Rules of this
District and of the Federal Rules of Civil Procedure on
matters of procedure and calculation of time periods.
Form and Timing of Designation.
may designate documents as confidential and restricted in
disclosure under this Order by placing or affixing the words
“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” on
the document in a manner that will not interfere with the
legibility of the document and that will permit complete
removal of the CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
designation. Documents shall be designated CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER prior to or at the time of the
production or disclosure of the documents. The designation
“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” does
not mean that the document has any status or protection by
statute or otherwise except to the extent and for the
purposes of this Order.
Documents Which May be Designated CONFIDENTIAL - SUBJECT TO
party may designate documents as CONFIDENTIAL -SUBJECT TO
PROTECTIVE ORDER but only after review of the documents by an
attorney who has in good faith determined that the documents
contain information protected from disclosure by statute or
that should be protected from disclosure as confidential
personal information, trade secrets, personnel records, or
commercial information. The designation shall be made subject
to the standards of Rule 11 and the sanctions of Rule 37 of
the Federal Rules of Civil Procedure. Information or
documents that are available in the public sector may not be
designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER.
testimony shall be deemed CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER only if designated as such. Such designation
shall be specific as to the portions to be
designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER.
Depositions, in whole or in part, shall be designated on the
record as CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER at the
time of the deposition. Deposition testimony so designated
shall remain CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER until
ten (10) business days after delivery of the transcript by
the court reporter. Within ten (10) business days after
delivery of the transcript, a designating party may serve a
Notice of Designation to all parties of record as to specific
portions of the transcript to be designated CONFIDENTIAL
-SUBJECT TO PROTECTIVE ORDER. Thereafter, those portions so
designated shall be protected as CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER pending objection under the terms of this
Order. The failure to serve a Notice of Designation shall
waive the CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
designation made on the record of the deposition. If
deposition excerpts have not been designated as confidential
pursuant to this order, they are not to be treated as sealed
documents when filed with the court.
Protection of Confidential Material.
designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER under
this Order shall not be used or disclosed by the parties,
counsel for the parties or any other persons identified in
¶ 5(b) for any purpose whatsoever other than to prepare
for and to conduct discovery and trial in this action,
including any appeal thereof.
Limited Third-Party Disclosures.
parties and counsel for the parties shall not disclose or
permit the disclosure of any CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER documents to any third person or entity
except as set forth in subparagraphs (1)-(6). Subject to
these requirements, the following categories of persons may
be allowed to review documents that have been designated
CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER:
(1) Counsel. Counsel for the parties and
employees of counsel who have responsibility for the
preparation and trial of the action;
(2) Parties. Parties and employees of a
party to this Order, but only to the extent counsel
determines that the specifically named individual party or
employee's assistance is reasonably necessary to the
conduct of the ...