Judge Karen L. Stevenson
Individual Rules, Standing Orders & Policies
Document Filing Requirements5 rules
Producing parties must affix the 'CONFIDENTIAL' legend to each page of documentary protected material (excluding deposition transcripts), and mark specific protected portions if only part of a page qualifies.
- Document
- Discovery material
Must include
- •CONFIDENTIAL
Court's wording
(a) for information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that contains protected material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins).
(b) for testimony given in depositions that the Designating Party identify the Disclosure or Discovery Material on the record, before the close of the deposition all protected testimony.
Producing parties must affix the 'CONFIDENTIAL' legend to the exterior of containers holding non-documentary protected tangible items and identify protected portions if only part is protected.
Court's wording
(c) for information produced in some form other than documentary and for any other tangible items, that the Producing Party affix in a prominent place on the exterior of the container or containers in which the information is stored the legend “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, the Producing Party, to the extent practicable, shall identify the protected portion(s).
Producing parties must affix the 'CONFIDENTIAL' legend to each page of protected produced documents and identify protected portions if only part of a page is protected.
Court's wording
Then, before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page that contains Protected Material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins).
Receiving Parties must submit a written certification to Producing and Designating Parties within 60 days of returning or destroying Protected Material, identifying the material and affirming no copies are retained.
Court's wording
Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material that was returned or destroyed and (2)affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected Material.
Filing & Service rules
Filing Timing and Cure Windows
Confidentiality designation challenges must be made at a time consistent with the Court's Scheduling Order.
Any Party or Non-Party may challenge a designation of confidentiality at any time that is consistent with the Court’s Scheduling Order.
Civil cases
Page 7 | 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
Non-Parties must seek a protective order within 14 days of receiving notice of a request for their confidential information to prevent production.
(c) If the Non-Party fails to seek a protective order from this court within 14 days of receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a protective order, the Receiving Party shall not produce any information in its possession or control that is subject to the confidentiality agreement with the Non-Party before a determination by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this court of its Protected Material.
Civil cases
Page 11 | 9. NON-PARTY CONFIDENTIAL INFORMATION (c)
Service and Proof of Service Rules
(b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
(b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
Civil cases
Page 10 | 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION
Party served with subpoena for protected material must promptly notify designating party in writing, including a copy of the subpoena or court order.
(a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order;
Civil cases
Page 10 | 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION
Sealing & Redaction Procedures
Parties must comply with Civil Local Rule 79-5 and obtain a court order to file Protected Material under seal.
12.3 Filing Protected Material. A Party that seeks to file under seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a Party's request to file Protected Material under seal is denied by the court, then the Receiving Party may file the information in the public record unless otherwise instructed by the court.
Civil cases
Page 12 | 12. MISCELLANEOUS, 12.3 Filing Protected Material
Filing Bundling Requirements
Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and
Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and
Civil cases
Page 9 | 7
Pre-Motion Conference Requirements
6.2 Meet and Confer. The Challenging Party shall initiate the dispute
6.2 Meet and Confer. The Challenging Party shall initiate the dispute
Civil cases
Page 7 | 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS