United States District Court, D. Colorado
TELIAX, INC. d/b/a Teliax Colorado, LLC, Plaintiff/Counter-Defendant,
AT&T CORP., Counter-Plaintiff/Defendant, and BELLSOUTH LONG DISTANCE, INC. D/B/A AT&T LONG DISTANCE SERVICE, Defendant.
Robert H. Jackson, Keenan P. Adamchak, Marashlian & Donahue, LLC, The Comm Law Group, McLean, VA, John F. Young, Markus Williams Young & Zimmerman LLC, Denver, CO., Attorneys for Plaintiff/Counter-Defendant Teliax, Inc.
Rebecca B. DeCook, Patrick J. Hickey Moye White LLP, Denver, CO, and Hans J. Germann Robert E. Entwisle, Mayer Brown LLP Chicago, IL, Attorneys for Counter-Plaintiff/Defendant AT&T Corp. and Defendant BellSouth Long Distance, Inc.
STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION
R. BROOKE JACKSON, District Judge.
Plaintiff, Teliax, Inc., d/b/a Teliax Colorado, LLC ("Teliax"), and Counter-Plaintiff/Defendant, AT&T Corp. and Defendant BellSouth Long Distance, Inc., d/b/a AT&T Long Distance Service (collectively "AT&T") (hereinafter Teliax and AT&T are referred to as the "Parties" or each individually is referred to as a "Party") hereby agree to entry of this Stipulated Protective Order Governing Confidential Information ("Protective Order") in order to preserve the confidentiality of certain information that may be contained in documents produced and certain testimony that may be given by witnesses in this case. Accordingly, IT IS ORDERED THAT:
1. The Parties have reviewed the Court's practice standards and have tailored the proposed Protective Order accordingly.
2. This Protective Order shall apply to all documents, materials, and information including, without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, and other information disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure and designated as "CONFIDENTIAL" pursuant to the terms of this Protective Order.
3. Any Party, through counsel or otherwise, may designate any document, or any part of any document, as CONFIDENTIAL if that Party has a bona fide, good faith belief that the information contained therein should be protected from public disclosure.
4. Given the nature of this case, documents, materials, and/or information that may be designated as CONFIDENTIAL (collectively "CONFIDENTIAL Information") may include, but is not limited to, the following:
a. Confidential settlement communications among the Parties;
b. Information prohibited from disclosure by statute or regulation;
c. Information that reveals trade secrets;
d. Research, technical, commercial, proprietary, or financial information that the Party maintains in confidence;
e. Documents containing customer proprietary network information ("CPNI").
5. CONFIDENTIAL Information shall be used only for purposes of this case. CONFIDENTIAL Information shall not be used in any other litigation or proceeding or for any other purpose, absent a written agreement signed by all of the ...