IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
___________________________, §
§
Plaintiff(s), §
§
v. § CIVIL ACTION NO. ________
§
___________________________, §
§
Defendant(s). §
AGREED PROTECTIVE ORDER
Contents
I. Proceedings and Information Governed............................................................................................ 2
II. Designation and Maintenance of Information................................................................................... 2
III. Inadvertent Failure to Designate ....................................................................................................... 4
IV. Challenge to Designations ................................................................................................................ 4
V. Disclosure and Use of Confidential Information .............................................................................. 5
VI. Non-Party Information ...................................................................................................................... 7
VII. Filing Documents with the Court ...................................................................................................... 8
VIII. No Prejudice...................................................................................................................................... 8
IX. Conclusion of Litigation ................................................................................................................... 9
X. Remedies ........................................................................................................................................... 9
(This Space Is Left Blank Intentionally.)
AGREED PROTECTIVE ORDER Page 1 of 10
I. Proceedings and Information Governed
1. This Order (“Protective Order”) is made under FED. R. CIV. P. 26(c). It governs any
document, information, or other thing furnished by any party to any other party, and it includes
any non-party who receives a subpoena in connection with this action. The information protected
includes, but is not limited to: answers to interrogatories; answers to requests for admission;
responses to requests for production of documents; deposition transcripts and videotapes;
deposition exhibits; and other writings or things produced, given or filed in this action that are
designated by a party as “Confidential Information” or “Confidential Attorney Eyes Only
Information” in accordance with the terms of this Protective Order, as well as to any copies,
excerpts, abstracts, analyses, summaries, descriptions, or other forms of recorded information
containing, reflecting, or disclosing such information.
II. Designation and Maintenance of Information
2. For purposes of this Protective Order:
(a) the “Confidential Information” designation means that the document is
comprised of trade secrets or commercial information that is not publicly known
and is of technical or commercial advantage to its possessor, in accordance with
FED. R. CIV. P. 26(c)(1)(G), or other information required by law or agreement
to be kept confidential; and
(b) the “Confidential Attorney Eyes Only” designation means that the document is
comprised of information that the producing party deems especially sensitive,
which may include, but is not limited to, confidential research and development,
financial, technical, marketing, any other sensitive trade secret information, or
information capable of being utilized for the preparation or prosecution of a
patent application dealing with such subject matter.
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Confidential Information and Confidential Attorney Eyes Only Information does not include, and this
Protective Order does not apply to, information that is already in the knowledge or possession of the party
to whom disclosure is made unless that party is already bound by agreement not to disclose such
information, or information that has been disclosed to the public or third persons in a manner making such
information no longer confidential.
3. Documents and things produced during the course of this litigation within the scope of
paragraph 2(a) above, may be designated by the producing party as containing Confidential
Information by placing on each page and each thing a legend substantially as follows:
CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER
4. Documents and things produced during the course of this litigation within the scope of
paragraph 2(b) above may be designated by the producing party as containing Confidential
Attorney Eyes Only Information by placing on each page and each thing a legend substantially as
follows:
CONFIDENTIAL ATTORNEY EYES ONLY INFORMATION SUBJECT TO
PROTECTIVE ORDER
5. A party may designate information disclosed at a deposition as Confidential
Information or Confidential Attorney Eyes Only Information by requesting the reporter to so
designate the transcript or any portion of the transcript at the time of the deposition. If no such
designation is made at the time of the deposition, any party will have fourteen (14) calendar days
after the date of the deposition to designate, in writing to the other parties and to the court reporter,
whether the transcript is to be designated as Confidential Information or Confidential Attorneys
Eyes Only
6. Information. If no such designation is made at the deposition or within this fourteen
(14) calendar day period (during which period, the transcript must be treated as Confidential
AGREED PROTECTIVE ORDER Page 3 of 10
Attorneys Eyes Only Information, unless the disclosing party consents to less confidential
treatment of the information), the entire deposition will be considered devoid of Confidential
Information or Confidential Attorneys Eyes Only Information. Each party and the court reporter
must attach a copy of any final and timely written designation notice to the transcript and each
copy of the transcript in its possession, custody or control, and the portions designated in such
notice must thereafter be treated in accordance with this Protective Order. It is the responsibility of
counsel for each party to maintain materials containing Confidential Information or Confidential
Attorney Eyes Only Information in a secure manner and appropriately identified so as to allow
access to such information only to such persons and under such terms as is permitted under this
Protective Order.
III. Inadvertent Failure to Designate
7. The inadvertent failure to designate or withhold any information as confidential or
privileged will not be deemed to waive a later claim as to its confidential or privileged nature, or
to stop the producing party from designating such information as confidential at a later date in
writing and with particularity. The information must be treated by the receiving party as
confidential from the time the receiving party is notified in writing of the change in the designation.
IV. Challenge to Designations
8. A receiving party may challenge a producing party’s designation at any time. Any
receiving party disagreeing with a designation may request in writing that the producing party
change the designation. The producing party will then have ten (10) business days after receipt of
a challenge notice to advise the receiving party whether or not it will change the designation. If
the parties are unable to reach agreement after the expiration of this ten (10) businesses day
timeframe, and after the conference required under LR 7.1(a), the receiving party may at any time
thereafter seek an order to alter the confidential status of the designated information. Until any
AGREED PROTECTIVE ORDER Page 4 of 10
dispute under this paragraph is ruled upon by the presiding judge, the designation will remain in
full force and effect, and the information will continue to be accorded the confidential treatment
required by this Protective Order.
V. Disclosure and Use of Confidential Information
9. Information designated as Confidential Information or Confidential Attorney Eyes
Only Information may only be used for purposes of preparation, trial, and appeal of this action.
Confidential Information or Confidential Attorney Eyes Only Information may not be used under
any circumstances for prosecuting any patent application, for patent licensing, or for any other
purpose.
10. Subject to paragraph 12 below, Confidential Information may be disclosed by the
receiving party only to the following individuals, provided that such individuals are informed of
the terms of this Protective Order:
(a) two (2) employees of the receiving party who are required in good faith to
provide assistance in the conduct of this litigation, including any settlement
discussions, and who are identified as such in writing to counsel for the
designating party in advance of the disclosure;
(b) two (2) in-house counsel who are identified by the receiving party;
(c) outside counsel for the receiving party;
(d) supporting personnel employed by (b) and (c), such as paralegals, legal
secretaries, data entry clerks, legal clerks, and private photocopying services;
(e) experts or consultants; and
(f) any persons requested by counsel to furnish services such as document coding,
image scanning, mock trial, jury profiling, translation services, court reporting
services, demonstrative exhibit preparation, or the creation of any computer
AGREED PROTECTIVE ORDER Page 5 of 10
database from documents.
11. Subject to paragraph 1 2 b elow, Confidential Attorney Eyes Only Information may
be disclosed by the receiving party only to the following individuals, provided that such individuals
are informed of the terms of this Protective Order:
(a) outside counsel for the receiving party;
(b) supporting personnel employed by outside counsel, such as paralegals, legal
secretaries, data entry clerks, legal clerks, private photocopying services;
(c) experts or consultants; and
(d) those individuals designated in paragraph 11(c).
12. Further, prior to disclosing Confidential Information or Confidential Attorney Eyes
Only Information to a receiving party’s proposed expert, consultant, or employees, the receiving
party must provide to the producing party a signed Certificate of Acknowledgement of Agreed
Protective Order in the form attached as Exhibit A, the resume or curriculum vitae of the proposed
expert or consultant, the expert or consultant’s business affiliation, and any current and past
consulting relationships in the industry. The producing party will thereafter have ten (10) business
days from receipt of the Certificate of Acknowledgement of Agreed Protective Order to object to
any proposed individual. The objection must be made for good cause and in writing, stating with
particularity the reasons for the objection. Failure to object within ten (10) business days constitutes
approval. If the parties are unable to resolve any objection, the receiving party may apply to the
presiding judge to resolve the matter. There will be no disclosure to any proposed individual during
the ten (10) business day objection period, unless that period is waived by the producing party, or
if any objection is made, until the parties have resolved the objection, or the presiding judge has
ruled upon any resultant motion.
AGREED PROTECTIVE ORDER Page 6 of 10
13. Counsel is responsible for the adherence by third-party vendors to the terms and
conditions of this Protective Order. Counsel may fulfill this obligation by obtaining a signed
Certificate of Acknowledgement of Agreed Protective Order in the form attached as Exhibit A.
14. Confidential Information or Confidential Attorney Eyes Only Information may be
disclosed to a person who is not already allowed access to such information under this Protective
Order if:
(a) the information was previously received or authored by the person or was
authored or received by a director, officer, employee or agent of the company for
which the person is testifying as a designee under FED. R. CIV. P. 30(b)(6);
(b) the designating party is the person or is a party for whom the person is a director,
officer, employee, consultant or agent; or
(c) counsel for the party designating the material agrees that the material may be
disclosed to the person.
In the event of disclosure under this paragraph, only the reporter, the person, his or her counsel,
the presiding judge, and persons to whom disclosure may be made and who are bound by this
Protective Order, may be present during the disclosure or discussion of Confidential
Information. Disclosure of material pursuant to this paragraph does not constitute a waiver of
the confidential status of the material so disclosed.
VI. Non-Party Information
15. The existence of this Protective Order must be disclosed to any person producing
documents, tangible things, or testimony in this action who may reasonably be expected to desire
confidential treatment for such documents, tangible things or testimony. Any such person may
designate documents, tangible things, or testimony confidential pursuant to this Protective Order.
AGREED PROTECTIVE ORDER Page 7 of 10
VII. Filing Documents with the Court
16. If any party wishes to submit Confidential Information to the court, the submission
must be filed only in a sealed envelope bearing the caption of this action and a notice in the
following form:
CONFIDENTIAL INFORMATION
Plaintiff v. Defendant, Civil Action No. X:XX-cv--XXXXX-E United States
District Court for the Northern District of Texas, Dallas Division
This envelope, which is being filed under seal, contains documents that are
subject to a Protective Order governing the use of confidential discovery material.
17. If the parties desire for the documents to be filed under seal, they must comply with
the Court’s Standing Order on Filing Materials Under Seal, which the Court shall issue by separate
order today.
VIII. No Prejudice
18. Producing or receiving confidential information, or otherwise complying with the terms
of this Protective Order, will not
(a) operate as an admission by any party that any particular Confidential
Information contains or reflects trade secrets or any other type of confidential
or proprietary information;
(b) prejudice the rights of a party to object to the production of information or
material that the party does not consider to be within the scope of discovery;
(c) prejudice the rights of a party to seek a determination by the presiding judge
that particular materials be produced;
(d) prejudice the rights of a party to apply to the presiding judge for further
protective orders; or
(e) prevent the parties from agreeing in writing to alter or waive the provisions or
protections provided for in this Protective Order with respect to any particular
AGREED PROTECTIVE ORDER Page 8 of 10
information or material.
IX. Conclusion of Litigation
19. Within sixty (60) calendar days after final judgment in this action, including the
exhaustion of all appeals, or within sixty (60) calendar days after dismissal pursuant to a settlement
agreement, each party or other person subject to the terms of this Protective Order is under an
obligation to destroy or return to the producing party all materials and documents containing
Confidential Information or Confidential Attorney Eyes Only Information, and to certify to the
producing party that this destruction or return has been done. However, outside counsel for any
party is entitled to retain all court papers, trial transcripts, exhibits, and attorney work provided
that any such materials are maintained and protected in accordance with the terms of this Protective
Order. Other Proceedings.
20. By entering this Protective Order and limiting the disclosure of information in this case,
the presiding judge does not intend to preclude another court from finding that information may
be relevant and subject to disclosure in another case. Any person or party subject to this Protective
Order who may be subject to a motion to disclose another party’s information designated
Confidential pursuant to this Protective Order must promptly notify that party of the motion so
that the party may have an opportunity to appear and be heard on whether that information should
be disclosed.
X. Remedies
21. It is Ordered that this Protective Order will be enforced by the sanctions set forth in
FED. R. CIV. P. 37(b) and any other sanctions as may be available to the presiding judge, including
the power to hold parties or other violators of this Protective Order in contempt. All other remedies
available to any person injured by a violation of this Protective Order are fully reserved.
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22. Any party may petition the presiding judge for good cause shown if the party desires
relief from a term or condition of this Protective Order.
SO ORDERED: _________ ____, ___________
_______________________________________
Hon. Judge Ada E. Brown,
United States Federal District Judge
AGREED PROTECTIVE ORDER Page 10 of 10
EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
___________________________, §
§
Plaintiff(s), §
§
v. § CIVIL ACTION NO. ________
§
___________________________, §
§
Defendant(s). §
CERTIFICATE OF ACKNOWLEDGEMENT OF AGREED PROTECTIVE ORDER
STATE OF §
COUNTY OF §
Pursuant to 28 U.S.C. § 1746, I, , declare that I have been provided a copy of and have
read the Agreed Protective Order (“Protective Order”) entered in the above-referenced civil action.
I agree to abide by the Protective Order and therefore agree not to reveal or otherwise communicate
or disclose to any person or entity, or use, any of the documents or information designated as
Confidential or Highly Confidential in the above-styled action that are disclosed to me, except in
accordance with the terms of the Protective Order. I acknowledge and understand that any violation
of the Protective Order may be punishable by contempt of Court or result in civil liability, or both,
and irrevocably submit to the jurisdiction of this Court for all matters relating to such Protective
Order. I declare that the statements made and information provided in this Certificate of
Acknowledgement of Agreed Protective Order are true and correct.
I declare under penalty of perjury that the foregoing is true and correct.
My name is , my date of birth is , and my address is
__ . I declare under penalty of perjury
CERTIFICATE OF ACKNOWLEDGEMENT OF AGREED PROTECTIVE ORDER Page 1 of 2
EXHIBIT A
that the foregoing is true and correct.
Executed in ___________________ County, State of _______ , on the _____ day of
____________ , 202 .
Signature of Declarant
CERTIFICATE OF ACKNOWLEDGEMENT OF AGREED PROTECTIVE ORDER Page 2 of 2
