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GERSON LEHRMAN GROUP, INC. v. PORURI

January 12, 2004.

GERSON LEHRMAN GROUP, INC., Plaintiff, -against- LAXMI PORURI and JOHN DOES 1-10, Defendants


The opinion of the court was delivered by: LEWIS A. KAPLAN, District Judge

STIPULATION AND ORDER FOR THE PROTECTION OF CONFIDENTIAL INFORMATION
IT IS HEREBY STIPULATED AMD AGREED by plaintiff Gerson Lehrman Group, Inc. ("Plaintiff") and defendant Laxmi Poruri ("Defendant"), by and through their respective counsel, and

  ORDERED by this Court, as follows;

  1. This Stipulation and Order for the Protection of Confidential Information ("Stipulation and Order") shall govern the handling of all information disclosed during the course of this action, whether by a party or a non — party, including but not limited to information disclosed during discovery or hearing; in any document, affidavit, brief, motion, transcript, or other writing; or in testimony given in any deposition, hearing, proceeding, or trial ("Discovery Materials"). Page 2

  2. As described in this Stipulation and Order, any party (hereafter "Designating Party") may designate as "Confidential" any Discovery Materials containing or reflecting confidential or sensitive financial, business, trade secret or other information.

  3. Any Discovery Materials may be designated as Confidential by affixing the legend "Confidential" on such documents, material or information prior to their production; by making a statement on the record at a deposition that all or part of that deposition's transcript is to be treated as Confidential pursuant to the terms of this Order and Stipulation; or by notifying all other parties (the "Non — designating Party" or"Non — designating Parties") in writing that such Discovery Materials are to be treated as Confidential Discovery Materials.

  4. The inadvertent production of any Confidential Discovery Materials without a "Confidential" designation shall be without prejudice to any claim that such material is Confidential or privileged in any respect or protected from discovery as trial preparation material within the meaning of Federal Rule of Civil Procedure 26(b)(3), and no part) — shall be held to have waived any rights by such inadvertent production, Discovery Materials not initially designated as Confidential may thereafter be designated as such, after which time they shall be treated as Confidential in accordance with the terrns of this Stipulation and Order,

  5. Discovery Materials designated as Confidential may be used only for the prosecution or defense of this action or any related action, whether involving the current parties to this action or additional parties not yet identified, which arises from the same set of facts or circumstances as this action (the "Proceeding"). Confidential Discovery Materials may not be used for any other purpose, Those having access to Confidential Discovery Materials shall not USB, show or disclose the contents thereof except as permitted by this Stipulation and Order,

  6. Access to Confidential Discovery Materials shall be limited to:

  (a) this Court, including Court personnel, and any jury that may be empanelled in this Proceeding; Page 3

  (b) the parties (including their employees) and their counsel, together with their associate attorneys and office personnel employed or engaged in the preparation for, or aiding in the trial of, this Proceeding;

  (c) outside vendors who perform photocopying, computer classification, or similar clerical functions, but only for so long as necessary to perform those services;

  (d) court reporters and other persons engaged in preparing transcripts of testimony or hearings in this Proceeding;

  (e) law enforcement officials for the purpose of enforcing any state or federal law, provided, however, that the Designating Party is given five business days notice prior to access being given to any law enforcement officials;

  (f) witnesses who have been subpoenaed and/or have been made available for deposition in this ...


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