Free Proposed Order - District Court of Delaware - Delaware

Case 1 :04-cv-01303-GMS Document 44 Filed 05/O4/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF DELAWARE
EQUAL EMPLOYMENT OPPORTUNITY )
COMMISSION, )
Plaintiff, i
) Civii Action No, O4—l303 GMS
v- )
)
A.T. SYSTEMS ATLANTIC, TNC. )
Defendant, i
CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER
To facilitate discovery in this matter, and pursuant to Federal Rules of Civil
Procedure 26(c) and 37(b),
IT IS HEREBY ORDERED as foilows:
I. Designation of Information as Confidential. Any person or entity
producing or disclosing information in response to a discovery request in this action that has a
good faith basis for believing that the information contains nonpublic, confidential, proprietary,
commercially sensitive, or trade secret information, may designate that information as
"Confidential Information" and disclose it pursuant to the terms of this order.
2. Stipulation Providing for the Disclosure and Use of Confidential
Infonnationi The parties may file a stipulation setting out their agreement on the handling and
use of Confidential Information, and may include in the stipulation terms and conditions by
which they propose to handle and use Confidentiai Information received in discovery from a
person or entity that is not a party to this action, The parties may include in that stipulation a
form for an agreement by which a person receiving information consents to be subject to the
jurisdiction of this Court for the purposes of enforcing this order,
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Case 1:04-cv-01303-GIVIS Document 44 Filed 05/O4/2005 Page 2 of 3
3. Disclosure of Confidential Information. Unless otherwise agreed to in
writing by the person or entity that produces or discloses Confidential Infomation, or until the
Court orders otherwise, any party, person, or entity receiving Confidential information shall use
it only for purposes of litigating this case and shall not disclose that infomation to anyone other
than as permitted to counsel of record and the members and employees of their firms.
4. Disputes Relating to Disclosure and Use of Confidential Information.
This order does not change a producing party‘s burden to establish that information is
confidential and subject to this order pursuant to Fed.R.Civ.P. 26, At any time any person or
entity may challenge a designation of "confidential information" and move for relief Counsel
should expect the Court will hear and resolve such motions promptly.
5. Qrjmawl. Counsel should address in the pretrial order how they propose to
handle the use and disclosure of Confidential Information at triali
6. Other Proceedings. By entering this order and limiting the disclosure of
infomation in this case, the Court does not intend to preclude another court from finding that the
same information may he relevant and subject to disclosure in another case. Any person or party
subject to this order who becomes subiect to a motion to disclose another party's information
designated "confidential" pursuant to this order shall promptiy notify that party of the motion so
that the party may have an opportunity to appear and be heard on whether that information
should he disclosed.
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Case 1:04-cv-01303-GIVIS Document 44 Filed 05/O4/2005 Page 3 of 3
EQUAL EMPLOYMENT COLM F. CONNOLLY
OPPORTUNITY COMMISSION United States District Attorney
Jacqueline H, McNair, Regional Attorney
Judith O'Boyle, Supervisory Trial Attorney
., A { t (2 Lt ( Mi, La
lr Wk M. J eail Clickner, Senior Trial Attorney Dougla E. McCann (1133852)
Equal Employment Opportunity Commission Assistant United States Attorney
1001 Liberty Avenue, Suite 300 US., Dept, of Justice
Pittsburgh, PA 15222-4187 EO07 Orange Street, Suite 700
(412) 644-6439 Wilmington, DE 19899-2046
(412) 6444935 (fax) (302) 573-6277 x168
(302) 573—6220 (fax)
E—mail: Douglas,mccaim@usdoj , gov
Attorney for Plaintiff
YOUNG CONAWAY STAQRGATT &
TAYLOR, LLP
f."f% Tw
Barry M. Willoughby (ID 1016)
The Brandywine Building
1000 West Street, 17*0 Floor
PO. Box 391
Wilmington, Delaware 19801
(302) 571-6600
(302) 576-3345 (fax)
E-mail: bwillougl1by@ycst,com
Attorneys for Defendant
So ordered this .3 day of May, 2005,
Judge Sleet
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