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Palmerini v. Fidelity Brokerage Services, LLC

United States District Court, First Circuit

July 30, 2013

DENNIS PALMERINI, Plaintiff,
v.
FIDELITY BROKERAGE SERVICES, LLC, Defendant.

CONFIDENTIALITY STIPULATION AND ORDER

JOSEPH A. DiCLERICO, Jr., District Judge.

It is hereby stipulated and agreed to among the parties, through their respective counsel, that certain information produced in discovery, marked for identification, and/or introduced into evidence during the above-captioned proceeding may be designated "Confidential Information" by any party to this action. When so identified by any party hereto in accordance with this Agreement, such information shall be deemed to be confidential and shall not be disclosed, except as set forth herein.

1. "Confidential Information" as used herein shall include (a) confidential, personal, business, personnel, medical or financial information of any party; (b) a trade secret, proprietary or other confidential research, development, or commercial information, or the like; and/or (c) any information in the custody, possession, or control of a party, the disclosure of which, absent this Confidentiality Agreement, could constitute a violation of any third party's right of privacy or otherwise violate an obligation of confidentiality that such party owes to a third party. "Confidential Information" may be in any form, including documents, answers to interrogatories, answers to requests for admissions, deposition testimony, and the like.

2. The existence of this Confidentiality Agreement shall in no way limit or circumscribe the rights of the parties to withhold information on the basis of privilege, including, but not limited to, attorney work product, the attorney-client privilege, or any other evidentiary privilege. A purpose of this Confidentiality Agreement is to encourage the parties to this action to produce documents without the need for intervention by the Court.

3. When any person produces in this proceeding any material which is asserted by any party to contain or constitute "Confidential Information, " the party asserting confidentiality shall promptly designate the material as confidential by stamping or otherwise affixing a label or sticker stating "CONFIDENTIAL" to the documents or information so designated at the time of their production. For a document consisting of multiple pages, a party may designate the entire document as "CONFIDENTIAL" by so marking the first page. All "Confidential Information" produced or obtained shall be maintained carefully so as to preclude access by persons who are not entitled to receive such information. To the extent that a party inadvertently fails to mark confidential documents or information as CONFIDENTIAL upon the production of such information, that does not preclude a party from subsequently making such a designation upon becoming aware of such error. Once designated as CONFIDENTIAL, the documents or information so designated will remain confidential for all purposes unless and until the designating party notifies opposing counsel of its intent to remove the designation. The CONFIDENTIAL designation is not waived by the filing of CONFIDENTIAL information with the Court.

4. "Confidential Information" submitted in accordance with the provisions of this Agreement shall not be made available to any person designated in paragraphs 5 or 6 below unless such person agrees:

(a) to be bound by the terms hereof; and
(b) to maintain such "Confidential Information" in confidence; and
(c) not to reveal the "Confidential Information" to anyone other than persons designated by this Agreement as proper recipients; and
(d) to use such Confidential Information solely for the purposes of this proceeding.

5. Material designated by the Defendant as "Confidential Information" may be disclosed only to:

(a) attorneys representing the Plaintiff and employees of such attorneys or law firms with which such attorneys are associated, but only for purposes of this proceeding; and
(b) consultants, advisors, or experts retained by the Plaintiff, but only for purposes of this proceeding, and provided that such person shall first be given a copy of this Agreement and shall sign a declaration, a copy of which is attached hereto as Exhibit 1, ...

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