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Information or documents which are available in the public sector may not be designated as confidential.ī. The certification shall be made concurrently with the disclosure of the documents, using the form attached hereto at Attachment A which shall be executed subject to the standards of Rule 11 of the Federal Rules of Civil Procedure. Any party may designate documents as CONFIDENTIAL but only after review of the documents by an attorney 1 who has, in good faith, determined that the documents contain information protected from disclosure by statute, sensitive personal information, trade secrets, financial information, or confidential research, development, or commercial information. Documents Which May be Designated Confidential.Ī. Inadvertent or unintentional production of documents without prior designation as confidential shall not be deemed a waiver, in whole or in part, of the right to designate documents as confidential as otherwise allowed by this Order.ģ. Documents shall be designated CONFIDENTIAL or CONFIDENTIAL - ATTORNEYS' EYES ONLY prior to, or contemporaneously with, the production or disclosure of the documents except for documents produced for inspection under the "Reading Room" provisions set forth in paragraph 4 below. Confidential documents shall be so designated by placing or affixing the word "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY" on the document in a manner which will not interfere with the legibility of the document and which will permit complete removal of the Confidential designation. All documents produced in the course of discovery, all responses to discovery requests and all deposition testimony and deposition exhibits and any other materials which may be subject to discovery (hereinafter collectively "documents") shall be subject to this Order concerning confidential information as set forth below.Ģ. Whereas, the parties to this Consent Confidentiality Order ("parties"), have stipulated that certain discovery material is and should be treated as confidential, and have agreed to the terms of this order accordingly, it is this 30th day of January, 2018, ORDERED:ġ.