Ozalis, Sheila A., Judge
THEBALM,
Plaintiff,
V.
WHITE & CASE LLP,
Defendant
STIPULATED PROTECTIVE ORDER
It is hereby ordered by the Court that the following shall apply to information, documents, excerpts from documents, and other materials produced in this action consistent with Practice Book rules governing disclosure and discovery.
1. Information, documents, and other materials may be designated "CONFIDENTIAL" by the producing party in the manner permitted herein (the "Designating Person"). All such information, documents, excerpts from documents, and other materials will constitute "Confidential Material" under this Order. This Order shall apply to Confidential Material produced by any party or third-party in this action.
2. "CONFIDENTIAL" information means information, documents, or things that have not been made public by the disclosing party and that the disclosing party reasonably and in good faith believes contains or comprises (a) trade secrets, (b) proprietary business information, (c) information implicating an individual's legitimate expectation of privacy, or (d) information provided to an attorney during an engagement.
3. Confidential Material shall not be used or disclosed for any purpose other than the litigation of this action and the related New York Action, Supreme Court of New York County Index No. 653098/2017, Appellate Division, First Department Index no. 2022-00431 and may be disclosed only as follows:
a. Parties: Confidential Material may be disclosed to parties or directors, officers and employees of parties, who have a legitimate need to see the information in connection with their responsibilities for overseeing the litigation or assisting counsel in preparing for trial or settlement. Before Confidential Material is disclosed for this purpose, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A.
b. Witnesses or Prospective Witnesses: Confidential Material may be disclosed to a witness or prospective witness, but only for purposes of testimony or preparation of testimony in this case, whether at trial, hearing, or deposition, but it may not be retained by the witness or prospective witness. Before Confidential Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A.
c. Outside Experts: Confidential Material may be disclosed to an outside expert for the purpose of obtaining the expert's assistance in the litigation. Before Confidential Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A.
d. Counsel: Confidential Material may be disclosed to counsel of record and in- house counsel for parties and their associates, paralegals, and regularly employed attorneys and office staff.
e. Other Persons: Confidential Material may be provided as necessary to copying services, translators, and litigation support firms. Before Confidential Material is disclosed to such third parties, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A.
4. A person having custody of Confidential Material shall maintain it in a manner that limits access to the Confidential Material to persons permitted such access under this Order.
5. Counsel shall maintain a collection of all signed documents by which persons have agreed to be bound by this Order.
6. Documents shall be designated by stamping or otherwise marking the documents with the word "CONFIDENTIAL." Confidential Material not reduced to documentary fonn shall be designated by the producing party in a reasonably equivalent way.
7. A party may submit a request in writing to the party who produced Confidential Material that the designation be modified or withdrawn. If the Designating Person does not agree to the re-designation within fifteen business days, the objecting party may apply to the Court for relief consistent with the Practice Book. Before applying to the Court, the objecting party must attempt in good faith to meet and confer with the Designating Person in an effort to resolve the matter.
8. Should a party wish to file a record with the Court that contains any Confidential Material or information taken from any Confidential Material, the party must file a motion to seal and/or lodge the record with the Court pursuant to Connecticut Practice Book Sections 7-4B and 7-4C. This Protective Order does not provide for the automatic sealing of Confidential Material. The Comt shall grant a motion to seal upon determining that the requirements of Practice Book Section 11-20A are satisfied.
9. Subject to the Connecticut Rules of Evidence, Confidential Material may be offered into evidence at trial or at any hearing or oral argument; provided that the proponent of the evidence containing Confidential Material gives reasonable advance notice to the Court and counsel for the producing or designating party. Any party may move the Court for an order that the evidence be received in camera or under other conditions to prevent unnecessary disclosure, including, but not limited to, removal from the courtroom of persons not authorized by this Protective Order to receive Confidential Material. If presented at trial, the status of evidence as Confidential Material shall not be disclosed to the finder of fact.
10. Upon final termination of both this action and the New York fee action, all Confidential Material and copies thereof shall be returned promptly or certified as destroyed to counsel of record for the party that produced the Confidential Material, in both instances no later than 30 days after termination of the latter of the two actions. However, nothing in this provision shall require the deletion of anything stored on back-up tapes.
11. Inadvertent production of Confidential Material shall not be deemed a waiver of a claim of confidentiality. Any such error shall be corrected within a reasonable time.
12. Nothing in this Order shall require disclosure of information protected by the attorney-client privilege, or other privilege or immunity, and the inadvertent production of such information shall not operate as a waiver.
13. The foregoing is entirely without prejudice to the right of any party to apply to the Court for any further Protective Order relating to Confidential Material; or to object to the production of Confidential Material; or to apply to the Court for an order compelling production of Confidential Material; or for modification of this Order; or to seek any other relief from the Court.
14. Per the Court's prior Order of December 12, 2020, defendant will give plaintiff 48 hours' notice of its intent to use the given name of "John Doe" and the context in which it will be used, in any filing with the Court. In the event of such notice, it shall be plaintiff's burden to seek whatever relief may be appropriate from the Court within two days, in which case "John Doe'" s name will. not be filed on the public docket until after a ruling on the motion.