Common use of Protective Orders Clause in Contracts

Protective Orders. If the parties cannot agree on a confidentiality agreement, the party seeking a nondissemination provision may file a motion showing good cause for a protective order. Before moving for a protective order to preserve the confidentiality of materials disclosed in discovery, or filing a confidential document under seal, counsel should review the following items: 1. Fed. R. Civ. P. 26(c) and L.R. 26.2; 2. Xxxxxx, Inc. v. Makita Electric Works , Ltd, 30 F.3d 854 (7 Cir. th 1994), Citizens First Nat’l Bank v. Cincinnati Ins. Co., 178 F.3d 943 (7th Cir. 1999), and Union Oil Co. x. Xxxxxxx , 220 F.3d 562 (7th Cir. 2000); and 3. In referral cases, the assigned District Judge’s standing order or instructions regarding protective orders and restricting orders, including whether the District Judge requires that documents designated as confidential be filed under seal with the Clerk’s Office or submitted in xxxxxxxx with a redacted copy to be filed with the Clerk’s Office. The court will not enter a protective order, even if agreed, that does not comply with the requirements set out by the Seventh Circuit and, for referral cases, the assigned District Judge. If the protective order anticipates that any documents or confidential materials submitted to the court are to be filed under seal, the proposed protective order must include the following: 1. A definition of the categories of documents or other materials to be protected (e.g., personnel files, medical information, personal identity information, trade secrets, confidential financial matters, etc.), with an explanation why confidentiality is necessary as to each category; 2. A provision that no document may be filed under seal absent an order by the court granting a motion, filed and noticed for hearing prior to the due date of the particular filing and showing good cause for sealing that particular document; 3. A procedure for the use of confidential documents at the depositions of witnesses and a listing of the persons authorized to have access to confidential materials; 4. A provision that parties are ordered to retain copies of all documents containing confidential information which are provided under the protective order; 5. A provision stating that nothing in the order shall be construed to affect the admissibility of any document, material or information at any trial or hearing (any request for confidentiality, closure or sealing of any hearing or trial must be made to the judge then presiding);