United States District Court, D. New Mexico
L. JOHNSON Attorney for Plaintiff.
CHRISTOPHER M. MOODY Attorney for Defendant.
STIPULATED CONFIDENTIALITY AND PROTECTIVE
HONORABLE GREGORY J. FOURATT UNITED STATES MAGISTRATE JUDGE
PURPOSES AND LIMITATIONS
and discovery activity in this action are likely to involve
production of confidential, proprietary, or private
information for which special protection from public
disclosure and from use for any purpose other than
prosecuting this arbitration may be warranted. Accordingly,
the parties hereby stipulate to the entry of the following
Stipulated Confidentiality and Protective Order.
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
“CONFIDENTIAL” Information or Items:
information (regardless of how it is generated, stored or
maintained) or tangible things that a Party reasonably
believes qualify for protection under Federal Rule of Civil
“CONFIDENTIAL-ATTORNEYS' EYES ONLY”
Information or Items: information (regardless of how it
is generated, stored or maintained) or tangible things that a
Party (1) reasonably believes qualify for protection under
Federal Rule of Civil Procedure 26(c) and (2) considers in
good faith to contain highly sensitive confidential
information or proprietary business information.
Counsel (without qualifier): Outside Counsel of
Record and House Counsel (as well as their support staff).
Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
“CONFIDENTIAL-ATTORNEYS' EYES ONLY.” 2.6
Disclosure or Discovery Material: all items or
information, regardless of the medium or manner in which it
is generated, stored, or maintained (including, among other
things, testimony, transcripts, and tangible things), that
are produced or generated in disclosures or responses to
discovery in this matter.
Expert: a person with specialized knowledge or
experience in a matter pertinent to the litigation who has
been retained by a Party or its counsel to serve as an expert
witness or as a consultant in this action.
House Counsel: attorneys who are employees of a
party to this action. House Counsel does not include Outside
Counsel of Record or any other outside counsel.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
Outside Counsel of Record: attorneys who are not
employees of a party to this action but are retained to
represent or advise a party to this action and have appeared
in this action on behalf of that party or are affiliated with
a law firm which has appeared on behalf of that party.
Party: any party to this action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this action.
Professional Vendors: persons or entities that
provide litigation support services (e.g., photocopying,
videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data
in any form or medium) and their employees and
Protected Material: any Disclosure or Discovery
Material that is designated as “CONFIDENTIAL” or
“CONFIDENTIAL-ATTORNEYS' EYES ONLY.” 2.15
Receiving Party: a Party that ...