Discovery Material. The burden of proof in any proceeding regarding whether the designation of any document as “Confidential” is appropriate is at all times on the Party designating the document as “Confidential.” 8. No Receiving Party shall disclose, summarize, describe, characterize, or otherwise communicate Confidential Discovery Material except as permitted by this Agreement. Confidential Discovery Material shall not be disclosed, summarized, described, characterized, or otherwise communicated in any way to anyone except: a. The arbitration panel, all arbitration personnel (including all court reporters employed in connection with this action) and all mediators; b. Counsel of record in this action, and attorneys, paralegals, and other persons employed or retained by such counsel who are assisting in the conduct of this action; c.
Discovery Material. Within sixty (60) days of the Effective Date, Plaintiffs’ Counsel will return all confidential documents and other materials they received from Defendants in connection with the Actions (including but not limited to documents Lightning provided in connection with the mediation, and all documents and materials produced pursuant to Section 220 of the Delaware General Corporation Law) (collectively, “Discovery Material”) or destroy all such Discovery Material and certify to that fact; provided, however, that Plaintiffs’ Counsel shall be entitled to retain all filings, court papers, mediation statements, and attorney-work product containing or reflecting Discovery Material, subject to the requirement that Plaintiffs’ Counsel shall not disclose any information contained or referenced in the Discovery Material to any person except, following reasonable advance notice to Lightning, pursuant to a validly issued subpoena not subject to a motion to quash, court order, or agreement with Lightning.
Discovery Material. “Discovery Material” as used herein means all products of discovery and all information derived therefrom, including, but not limited to, all documents and deposition testimony and any copies, excerpts or summaries thereof, obtained by any party pursuant to the requirements of an court order, requests for production of documents, requests for admissions, interrogatories, or subpoena.
Discovery Material. This Order applies to all items, information, documents, and things exchanged in discovery in the Action, including, but not limited to, documents, information, data, electronically stored information, responses to interrogatories, responses to requests for admissions, testimony, and transcripts, and any copy, abstract, digest, note, summary, and excerpt of anything exchanged in discovery, regardless of the medium or manner in which it is generated, stored, maintained, or produced (“Discovery Material”). DESIGNATING DISCOVERY MATERIAL
