IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS DIVISION vs. NO. PROTECTIVE ORDER Upon motion of all the parties for a Protective Order pursuant to Rule 26(c) of the FederalRules of Civil Procedure, IT IS HEREBY ORDERED that: 1. All Classified Information producedor exchan ged in the course ofthis litigation shall be used solely for the purpose of preparation and trial of this litigation and for no other purpose whatsoever and shall not be disclosed to any person except in accordance with the terms hereof. 2. Classified Information, as used herein, means nay information of any type, kind or character which is designated as Confidential or For Counsel Only (or Attorneys Eyes Only) by any of the supplying or receiving parties, whether it be a document, information contained in a document, information revealedduring a deposition, information revealed in an interrogatory answer or otherwise. In designating information as Confidential or For Counsel Only (or Attorneys Eyes Only), a party will make such designation only as to the information that it in good faith believes contains confidential information. Information or material which is available to the public, including catalogues, advertising materials, and the like, shall not be classified. 3. Qualified Persons, as used herein means: a. Attorneys of record for the parties in this litigation and employees of such attorneys to whom it is necessary that the material be shown for purposes of this litigation; b. Actual or potential independent technical experts or consultants who have been designated in writing by notice to all counsel prior to any disclosure of Confidential or For Counsel Only (or Attorneys Eyes Only) information to such persons and who have signed a document agreeing to be bound by the terms of>>>> 2 this protective order (such signed document to be filed with the Clerk of this Court by the attorney retaining such person); c. The party or one party representative (in cases where the party is a legal entity) who shall be designated in writing by the party prior to ay disclosurn e of Confidential information to such person and who shall sign a document agreeing to be bound by the terms of this protective order (such signed document to be filed with the Clerk of this Court by the party designating such person); and d. If this Court so elects, any other person may be designated as a Qualified Person by order of this Court after notice and hearing to all parties. 4. Documents produced in this action may be designated by any party or parties as Confidential or For Counsel On ly (or Attorneys Eyes Only) information by marking each page of the document(s) so designated with a stamp stating Confidential or For Counsel Only (or Attorneys Eyes Only). In lieu of marking the original of a document, if the original is not produced, the designating party may mark the copies that are produced or exchanged. Originals shall be preserved for inspection. 5. Information disclosed at (a) the deposition of a paror ty one of its present or former officers, directors, employees, agents or independent experts retained by counsel for the purpose of this litigation, or (b) the deposition of a third party (which information pertains to a party) may be designated by any party as Confidential or For Counsel Only (or Attorneys Eyes Only) information by indicating on the record at the deposition that the testimony is Confidential or For Counsel Only (or Attorneys Eyes Only) and is subject to the provisions of this Order. Any party may also designate information disclosed at such deposition as Confidential or For Counsel Only (or Attorneys Eyes Only) by notifying all of the parties in writing within thirty (30) days of receipt of the transcript of the specific pages and lines of the transcript which should be treated as Confidential or For Counsel Only (or Attorneys Eyes Only) thereafter. Each party shall attach a copy of such written notice or notices to the face of the transcript and each copy thereof in his possession, custody or control. All deposition transcripts shall be treated as For Counsel Only (or Attorneys Eyes Only) for a period of thirty (30) days after the receipt of the transcript. To the extent possible, the court reporter shall segregate into separate transcripts information designated as Confidential or For Counsel Only (or Attorneys Eyes Only) with blank, consecutively numbered pages being provided in a nondesignated main transcript. The separate transcript containing Confidential and/or For Counsel Only (or Attorneys -2- >>>> 3 Eyes Only) information shall have page numbers that correspond to the blank pages in the main transcript. 6. a. Confidential information shall not be disclosed or made available by the receiving party to persons other thaQualifn ied Persons. Information designated as For Counsel Only (or Attorneys Eyes Only) shall be restricted in circulation to Qualified Persons described in Paragraphs 3(a) and (b) above. b. Copies of For Counsel Only (or Attorneys Eyes Only) information provided to a receiving party shall be maintained in the offices of outside counsel for Plaintiff(s) and Defendant(s). Any documents produced in this litigation, regardless of classification,which are provided to Qualified Persons of Paragraph 3(b) above, shall be maintained only at the offices of such Qualified Person and only working copies shall be made of any such documents. Copies of documents produced under this Protective Order may be made, or exhibits prepared by independent copy services, printers or illustrators for the purpose of this litigation. c. Each partys outside counsel shall maintain a log of all copies of For Counsel Only (or Attorneys Eyes Only) documents which are delivered to any one or more Qualified Persons of Paragraph 3 above. 7. Documents previously produced shall be retroactively designated by notice in writing of the designated class of each document by Bates number within thirty (30) days of the entry of this order. Documents unintentionally produced without designation as Confidential may be retroactively designated in the same manner and shall be treated appropriately from the date written notice of the designation is provided to the receiving party. Documents to be inspected shall be treaas Fted or Counsel Only (or Attorneys Eyes Only) during inspection. At the time of copying for the receiving parties, such inspected documents