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Stipulation And Order For Production And Exchange Of Confidential Information And Confidential Material Agreement Form. This is a New York form and can be use in New York Local County.
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Tags: Stipulation And Order For Production And Exchange Of Confidential Information And Confidential Material Agreement, New York Local County, New York
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION
----------------------------------------X
Plaintiff(s),
-againstDefendant(s).
Index No.
STIPULATION AND
ORDER FOR THE
PRODUCTION AND
EXCHANGE OF
CONFIDENTIAL
INFORMATION
(Revised 04/09)
----------------------------------------X
This matter having come before the Court by stipulation of
plaintiff, ________________, and defendant, ________________, for
the entry of a protective order pursuant to CPLR 3103(a),limiting
the review, copying, dissemination and filing of confidential
and/or proprietary documents and information to be produced by
either party and their respective counsel or by any non-party in
the course of discovery in this matter to the extent set forth
below; and the parties, by, between and among their respective
counsel, having stipulated and agreed to the terms set forth
herein, and good cause having been shown;
IT IS hereby ORDERED that:
1. This Stipulation is being entered into to facilitate the
production, exchange and discovery of documents and information
that the parties agree merit confidential treatment(hereinafter
the “Documents” or “Testimony”).
2. Either party may designate Documents produced, or
Testimony given, in connection with this action as
“confidential,” either by notation on the document, statement on
the record of the deposition, written advice to the respective
undersigned counsel for the parties hereto, or by other
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appropriate means.
3. As used herein:
(a) “Confidential Information” shall mean all Documents and
Testimony, and all information contained therein, and other
information designated as confidential, if such Documents or
Testimony contain trade secrets, proprietary business
information, competitively sensitive information, or other
information the disclosure of which would, in the good faith
judgment of the party designating the material as confidential,
be detrimental to the conduct of that party’s business or the
business of any of that party’s customers or clients.
(b) “Producing party” shall mean the parties to this action
and any third-parties producing “Confidential Information” in
connection with depositions, document production or otherwise, or
the party asserting the confidentiality privilege, as the case
may be.
(c) "Receiving party" shall mean the party to this action
and/or any non-party receiving “Confidential Information” in
connection with depositions, document production or otherwise.
4. The Receiving party may, at any time, notify the
Producing party that the Receiving party does not concur in the
designation of a document or other material as Confidential
Information. If the Producing party does not agree to declassify
such document or material, the Receiving party may move before
the Court for an order declassifying those documents or
materials. If no such motion is filed, such documents or
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materials shall continue to be treated as Confidential
Information. If such motion is filed, the documents or other
materials shall be deemed Confidential Information unless and
until the Court rules otherwise.
5. Except with the prior written consent of the Producing
party or by Order of the Court, Confidential Information shall
not be furnished, shown or disclosed to any person or entity
except to:
a. personnel of plaintiff or defendant actually engaged in
assisting in the preparation of this action for trial or other
proceeding herein and who have been advised of their obligations
hereunder;
b. counsel for the parties to this action and their
associated attorneys, paralegals and other professional personnel
(including support staff) who are directly assisting such counsel
in the preparation of this action for trial or other proceeding
herein, are under the supervision or control of such counsel, and
who have been advised by such counsel of their obligations
hereunder;
c. expert witnesses or consultants retained by the parties
or their counsel to furnish technical or expert services in
connection with this action or to give testimony with respect to
the subject matter of this action at the trial of this action or
other proceeding herein; provided, however, that such
Confidential Information is furnished, shown or disclosed in
accordance with paragraph 7 hereof;
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d. the Court and court personnel, if filed in accordance
with paragraph 12 hereof;
e. an officer before whom a deposition is taken, including
stenographic reporters and any necessary secretarial, clerical or
other personnel of such officer, if furnished, shown or disclosed
in accordance with paragraph 10 hereof;
f. trial and deposition witnesses, if furnished, shown or
disclosed in accordance with paragraphs 9 and 10, respectively,
hereof; and
g. any other person agreed to by the parties.
6. Confidential Information shall be utilized by the
Receiving party and its counsel only for purposes of this
litigation and for no other purposes.
7. Before any disclosure of Confidential Information is made
to an expert witness or consultant pursuant to paragraph 5(c)
hereof, counsel for the Receiving party shall provide the
expert’s written agreement, in the form of Exhibit A attached
hereto, to comply with and be bound by its terms. Counsel for the
party obtaining the certificate shall supply a copy to counsel
for the other party at the time of the disclosure of the
information required to be disclosed by CPLR 3101(d), except that
any certificate signed by an expert or consultant who is not
expected to be called as a witness at trial is not required to be
supplied.
8. All depositions shall presumptively be treated as
Confidential Information and subject to this Stipulation during
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the deposition and for a period of fifteen (15) days after a
transcript of said deposition is received by counsel for each of
the parties. At or before the end of such fifteen day period, the
deposition shall be classified appropriately.
9. Should the need arise for any of the parties to disclose
Confidential Information during any hearing or trial before the
Court, including through argument or the presentation of
evidence, such party may do so only after taking such steps as
the Court, upon motion of the disclosing party, shall deem
necessary to preserve the confidentiality of such confidential
Information.
10. This Stipulation shall not preclude counsel for the
parties from using during any deposition in this action any
documents or information which have been designated as
“Confidential Information” under the terms hereof. Any
stenographer and deposition witness who is given access to
Confidential Information shall, prior thereto, be provided with a
copy of this Stipulation and shall execute the certificate
annexed hereto. Counsel for the party obtaining the certificate
shall supply a copy to counsel for the other party.
11. A party may designate as Confidential Information
subject to this Stipulation any document, information, or
deposition testimony produced or given by any non-party to this
case, or any portion thereof. In the case of Documents,
designation shall be made by notifying all counsel in writing of
those documents which are to be stamped and treated as such at
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any time up to fifteen (15) days after actual receipt of copies
of those documents by counsel for the party asserting the
confidentiality privilege. In the case of deposition Testimony,
designation shall be made by notifying all counsel in writing of
those portions which are to be stamped or otherwise treated as
such at any time up to fifteen (15) days after the transcript is
received by counsel for the party asserting the confidentiality
privilege. Prior to the expiration of such fifteen (15) day
period (or until a designation is made by counsel, if such a
designation is made in a shorter period of time),all such
documents shall be treated as Confidential Information.
12. (a) A Receiving Party who seeks to file with the Court
any deposition transcripts, exhibits, answers to interrogatories,
and other documents which have previously been designated as
comprising or containing Confidential Information, and any
pleading, brief or memorandum which reproduces, paraphrases or
discloses Confidential Information, shall provide all other
parties with seven (7) days’ written notice of its intent to file
such material with the Court, so that the Producing Party may
file by Order to Show Cause a motion to seal such Confidential
Information. The Confidential Information shall not be filed
until the Court renders a decision on the motion to seal. In the
event the motion to seal is granted, all documents which are the
subject of the order to seal, shall be filed in sealed envelopes
or other appropriate sealed container on which shall be endorsed
the caption of this litigation, the words “CONFIDENTIAL MATERIAL6
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SUBJECT TO STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE
OF CONFIDENTIAL INFORMATION” as an indication of the nature of
the contents, and a statement in substantially the following f
form: “This envelope, containing documents which are filed in
this case by (name of party), is not to be opened nor are the
contents thereof to be displayed or revealed other than to the
Court, the parties and their counsel of record, except by order
of the Court or consent of all the parties. Violation hereof may
be regarded as contempt of the Court.”
(b) As an alternative to the procedure set forth in
paragraph 12(a), any party may submit to the Court on oral
argument any documents previously designated as comprising or
containing Confidential Information by submitting such documents
to the Part clerk in sealed envelopes or other appropriate sealed
container on which shall be endorsed the caption of this
litigation, the words “CONFIDENTIAL MATERIAL SUBJECT TO
STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF
CONFIDENTIAL INFORMATION” as an indication of the nature of the
contents, and a statement in substantially the following form:
“This envelope, contains documents which are submitted but not to
be filed.”
Such documents shall be returned by the Part Clerk
upon disposition of the motion or other proceeding for which they
were submitted.
(c) All pleadings, briefs or memoranda which reproduce,
paraphrase or disclose any documents which have previously been
designated by a party as comprising or containing Confidential
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Information, shall identify such documents by the production
number ascribed to them at the time of production.
13. Any person receiving Confidential Information shall not
reveal or discuss such information to or with any person not
entitled to receive such information under the terms hereof.
14. Any document or information that may contain
Confidential Information that has been inadvertently produced
without identification as to its “confidential” nature as
provided in paragraphs 2 and/or 11 of this Stipulation, may be so
designated by the party asserting the confidentiality privilege
by written notice to the undersigned counsel for the Receiving
party identifying the document or information as “confidential”
within a reasonable time following the discovery that the
document or information has been produced without such
designation.
15. Extracts and summaries of Confidential Information shall
also be treated as confidential in accordance with the provisions
of this Stipulation.
16. The production or disclosure of Confidential Information
shall in no way constitute a waiver of each party’s right to
object to the production or disclosure of other information in
this action or in any other action.
17. This Stipulation is entered into without prejudice to
the right of either party to seek relief from, or modification
of, this Stipulation or any provisions thereof by properly
noticed motion to the Court or to challenge any designation of
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confidentiality as inappropriate under the Civil Practice Law and
Rules or other applicable law.
18. This Stipulation shall continue to be binding after the
conclusion of this litigation except
(a) that there shall be no restriction on documents that are
used as exhibits in Court(unless such exhibits were filed under
seal); and (b) that a party may seek the written permission of
the Producing party or further order of the Court with respect to
dissolution or modification of any the Stipulation. The
provisions of this Stipulation shall, absent prior written
consent of both parties, continue to be binding after the
conclusion of this action.
19. Nothing herein shall be deemed to waive any privilege
recognized by law, or shall be deemed an admission as to the
admissibility in evidence of any facts or documents revealed in
the course of disclosure.
20. Within sixty (60) days after the final termination of
this litigation by settlement or exhaustion of all appeals, all
Confidential Information produced or designated and all
reproductions thereof, shall be returned to the Producing Party
or shall be destroyed, at the option of the Producing Party. In
the event that any party chooses to destroy physical objects and
documents, such party shall certify in writing within sixty (60)
days of the final termination of this litigation that it has
undertaken its best efforts to destroy such physical objects and
documents, and that such physical objects and documents have been
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destroyed to the best of its knowledge. Notwithstanding anything
to the contrary, counsel of record for the parties may retain one
copy of documents constituting work product, a copy of pleadings,
motion papers, discovery responses, deposition transcripts and
deposition and trial exhibits. This Stipulation shall not be
interpreted in a manner that would violate any applicable cannons
of ethics or codes of professional responsibility.
Nothing in
this Stipulation shall prohibit or interfere with the ability of
counsel for any party, or of experts specially retained for this
case, to represent any individual, corporation, or other entity
adverse to any party or its affiliate(s) in connection with any
other matters.
21. This Stipulation may be changed by further order of this
Court, and is without prejudice to the rights of a party to move
for relief from any of its provisions, or to seek or agree to
different or additional protection for any particular material or
information.
Attorneys for Plaintiff
Attorneys for Defendant
By:
By:
_____________________
______________________
_____________________
______________________
_____________________
______________________
New York, New York ______
New York, New York ______
Tel.:
Tel.:
_______________
Dated: _______________
________________
Dated: ________________
SO ORDERED___________________________J.S.C.
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EXHIBIT “A”
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION
----------------------------------------X
,
Plaintiff(s),
Index No.
AGREEMENT WITH RESPECT TO
CONFIDENTIAL MATERIAL
-against,
Defendant(s).
----------------------------------------X
I, , state that:
1. My address
is_____________________________________________________.
2. My present employer is
_____________________________________________.
3. My present occupation or job description is
_________________________________________________________________
__________________________________ 4.
I have received a copy of the Stipulation for the Production and
Exchange of CONFIDENTIAL INFORMATION (the “Stipulation”) entered
in the above-entitled action on_______________________.
5. I have carefully read and understand the provisions of the
Stipulation.
6. I will comply with all of the provisions of the Stipulation.
7. I will hold in confidence, will not disclose to anyone not
qualified under the Stipulation, and will use only for purposes
of this action, any Confidential Information that is disclosed
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tome.
8. I will return all Confidential Information that comes into my
possession, and documents or things that I have prepared relating
thereto, to counsel for the party by whom I am employed or
retained, or to counsel from whom I received the Confidential
Information.
9. I hereby submit to the jurisdiction of this court for the
purpose of enforcement of the Stipulation in this action.
Dated:
_________________________
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