Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Fed.R.Civ. P. 26(c), the Stipulation of the parties, and for good cause appearing, IT IS HEREBY ORDERED that: 1. This Confidentiality Order shall govern and apply to all documents and other discovery materials produced in this action by any party or third-party. It shall also apply to testimony obtained during, and documents marked as exhibits or otherwise utilized in, depositions in this proceeding. 2. If any party or non-party believes in good faith that any material produced in this action is Confidential Material as described in paragraph 3, that party (the "Producing Party") may designate such material or the relevant portion of such material as vs. Honeywell Retirement Earnings Plan, Honeywell Secured Benefit Plan, Plan Administrator of Honeywell Retirement Earnings Plan, and Plan Administrator of Honeywell Secured Benefit Plan, Defendants. Barbara Allen, Richard Dippold, Melvin Jones, Donald McCarty, Richard Scates and Walter G. West, individually and on behalf of all others similarly situated, Plaintiffs, No. CIV 04-0424 PHX ROS IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Revised Confidentiality Order

Case 2:04-cv-00424-ROS

Document 307

Filed 08/01/2007

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CONFIDENTIAL by placing a stamp indicating that the material is confidential on the material. All such material, together with copies, abstracts, extracts or summaries of such material and information or notes derived from or regarding the contents of such materials shall be referred to throughout this Stipulated Order as "Confidential Material." 3. Confidential Material means documents and information revealing confidential or sensitive personal information, including but not limited to such information as benefit and other compensation information and social security numbers. 4. The Confidential Material produced in this action, whether in the original form produced or in any other form, shall be used solely for the purpose of preparing for and conducting this litigation and for no other purpose whatsoever. 5. At the request of any party made within thirty (30) days of that party's receipt of the transcript, the court reporter shall designate portions of depositions containing Confidential Material as CONFIDENTIAL on each page containing such Confidential Material, and the first page of the transcript shall be marked THIS TRANSCRIPT CONTAINS MATERIAL THAT IS CONFIDENTIAL. Within ten (10) days after notice by a party, the court reporter shall supply to all parties such designated portions of deposition transcripts, showing the confidentiality designations. Until receipt of such deposition designations, or until the expiration of forty (40) days after receipt of a deposition transcript, whichever first occurs, the entirety of a deposition shall be deemed Confidential Material. 6. Except with the prior written consent of the Producing Party, no Confidential Material may be disclosed to any person, and copies of Confidential Material may not be made by, maintained by or put in the possession, custody or control of, any persons other than: a. Outside counsel of record for each party, their legal associates, their paralegals and their office staff. For purposes of this provision, "office staff" shall include independent copying or duplicating services. b. Named Plaintiffs, provided, however, that (i) prior to disclosing any Confidential Material to any Named Plaintiff, the party intending to disclose shall obtain from each such person his or her signature to this
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Agreement and (ii) although such a Named Plaintiff may be shown Confidential Material and it may be discussed with the Named Plaintiff, the Named Plaintiff may not receive the original or copies of any Confidential Material. An original of each consent agreement executed pursuant to this paragraph is to be retained by outside counsel of record for the party intending to disclose the Confidential Material. c. Outside experts and consultants retained for the purpose of assisting in the preparation of this action or for the purpose of testifying by deposition or at the trial of this matter; provided, however, that prior to disclosing any Confidential Material to any such expert or consultant, the party intending to disclose shall obtain from each such person his or her signature to this Agreement. An original of each such consent agreement executed pursuant to this paragraph is to be retained by outside counsel of record for the party intending to disclose the Confidential Material. d. Deponents and their counsel who have a need to review this material during the course of, or in connection with, depositions taken in or for this action. e. Stenographic reporters who are involved in depositions, the trial, or any hearings or proceedings before the Court in this action. f. People documented to have previously received or created the document. g. The retiree or beneficiary or their authorized representatives as determined by Plaintiffs' counsel as to whom the confidential information relates. h. Putative class members who agree to be bound by the terms of the Confidentiality Order, but only to the extent agreed to by Defendants' counsel of record. However, persons identified in subparagraph (b) or (c) may not receive any Confidential Material unless and until they have been provided a copy of this Confidentiality Order and agreed in writing to be bound by the terms of this Confidentiality Order. 7. A party objecting to a CONFIDENTIAL designation shall first attempt to resolve the disagreement informally. If no resolution can be reached, the matter may be presented to the Court by motion. Until such time as the Court rules on the motion, the parties shall treat the material as Confidential Material.

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8. Confidential Material may be used in support of any motions filed in this action by any party, but must be submitted under seal. 9. Nothing in the foregoing provisions of this Agreement shall: a. limit any party from introducing Confidential Material into evidence at trial, subject to the Producing Party's right to seek further protection from the Court; to afford such right to the Producing Party, unless otherwise agreed or ordered by the Court, a party may not introduce Confidential Material into evidence without first providing the other parties with five (5) days' notice of intent to introduce the Confidential Material into evidence; b. preclude a party from seeking such additional protection with regard to the confidentiality of discovery materials as that party may deem appropriate; nor c. prevent a party from objecting to discovery which it believes to be otherwise improper. 10. Final termination of this matter, including exhaustion of appellate remedies, shall not terminate the limitations on use and disclosure imposed by this Stipulated Order. Upon such termination all Confidential Material and all copies thereof, including such materials in the hands of outside experts or consultants, shall be returned to outside counsel or other designee for the Producing Party, or shall be destroyed, at the option of the Producing Party, and outside counsel for each party shall certify in writing to the other that all such materials have been collected and returned, or destroyed, if that option is chosen. Notwithstanding anything in this paragraph to the contrary, Confidential Material that is incorporated in materials prepared in anticipation of trial by or for a party's representative, including such party's attorney, expert or consultant (i.e., work product material), shall be collected and maintained by such party's outside counsel in accordance with the continuing limitations on use and disclosure imposed by this Stipulated Order or shall be destroyed, as the attorney for the preparing party chooses. 11. If at any time Confidential Material in a party's possession is subpoenaed or otherwise compelled, that party (the "Subpoenaed Party") shall immediately provide written notice to the Producing Party, and the Producing Party shall thereafter bear the responsibility for obtaining any order that it believes necessary to prevent disclosure of
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the Confidential Material. If the Producing Party does not file a motion seeking to protect the Confidential Material from disclosure, the Subpoenaed Party shall be free to produce the Confidential Material within twenty (20) days of the written notice to the Producing Party.

Dated this 1st day of August, 2007.

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