CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER
BOYD N. BOLAND, Magistrate Judge.
Pursuant to Fed.R.Civ.P. 26(c), the parties (each a "Party, " and together, the "Parties") to this litigation (the "Litigation"), by their counsel of record, stipulate and move the Court for the entry of a Confidentiality Stipulation and Protective Order (the "Stipulation") in the above-captioned matter concerning the treatment of Confidential Material.
Good cause appearing therefor, IT IS HEREBY ORDERED as follows:
1. For purposes of this Stipulation, "Discovery Material" includes, but is not limited to, documents, testimony or other materials. Any producing Party or person may designate any Discovery Material as "CONFIDENTIAL" under the terms of this Protective Order Stipulation if such party in good faith believes that such Discovery Material contains non-public, confidential, proprietary, or commercially sensitive information that requires the protections provided in this Protective Order Stipulation and Order ("Confidential Discovery Material"). Any producing Party or person may designate as "CONFIDENTIAL - ATTORNEYS' EYES ONLY" any Discovery Material that contains confidential information which is currently commercially sensitive information that the producing Party or and its counsel in good faith reasonably believes that disclosure of the Discovery Material other than as permitted pursuant to Paragraph 6 of this Protective Order Stipulation is substantially likely to cause injury to the producing Party.
2. This Protective Order Stipulation shall cover all information disclosed by either Party during the course of the Litigation, including, but not limited to, discovery responses, documents produced (including electronic documents) and testimony provided (collectively, "Confidential Material"). All Confidential Material produced in the Litigation shall be marked "CONFIDENTIAL" by the producing Party, and each page that contains confidential information shall be marked "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY." Electronic data shall be embedded or otherwise marked with a ledger, electronic stamp, or electronic watermark of "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY" by the producing Party, and the producing Party shall provide written notice that such data is to be considered "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY" in accordance with this Protective Order Stipulation. Whenever any Party to whom electronic data designated as "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY" is produced reduces such designated material to hard copy form, such Party shall mark every applicable page of all such designated material in the hard copy form with the words "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY." Testimony shall be treated as described below.
3. Confidential Material shall be used solely for the purpose of litigating the Litigation (including any appeal), and shall not be used or disclosed for any other purpose or in connection with any other litigation, arbitration, or other legal proceeding.
4. Confidential Material shall not be disclosed in any manner to any person or entity except the following:
a. counsel of record for the Parties hereto, including all lawyers, paralegals, and other employees of the firms of the Parties' counsel of record (and, in the case of non-attorneys, only to the degree that is strictly necessary to perform work contemplated within the scope of the Litigation, and under the direct supervision of an attorney);
b. any expert or consultant who is not an officer, director, employee, or shareholder of a Party, who is retained (or considered for retention) in connection with the Litigation by any attorney described in subparagraph (a), and who has signed the "Acknowledgment and Agreement to Be Bound, " in the form attached hereto as Exhibit A;
c. the Parties;
d. the authors and recipients of documents containing Confidential Material, provided that documents are not otherwise confidential to any Party;
e. deposition or hearing/trial witnesses (not covered by any other exceptions herein) who need to be questioned about specific Confidential Material in preparation for, or during, their deposition or the Litigation, and have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A);
f. the Court and all Court personnel; and
g. court reporters (including stenographers and video technicians) engaged by counsel of record to record, transcribe, or videotape testimony in this Litigation, and copy services, data entry, and computer support services engaged by counsel of record who have ...