Judge Georgia N. Alexakis
Individual Rules, Standing Orders & Policies
Document Format Requirements1 rule
8. Originals: A legible photocopy of a document may be used as the "original" for all purposes in this action.
Document Filing Requirements8 rules
A person designates information in a document or thing as Confidential or Highly Confidential by clearly and prominently marking it on its face as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL."
DocumentDiscovery Document
A party may not disclose Confidential or Highly Confidential information to an expert or consultant pursuant to paragraph 4(b) or 4(d) of this order until after the expert or consultant has signed an undertaking in the form of Appendix 1 to this Order.
DocumentExpert Undertaking
Any document filed under seal must include a cover sheet with the case caption and number, the title 'Restricted Document Pursuant to Local Rule 26.2,' a statement of the restricting court order and its date, and the filing attorney's signature.
Pursuant to Local Rule 5.8, any document filed under seal must be accompanied by a cover sheet disclosing (i) the caption of the case, including the case number; (ii) the title "Restricted Document Pursuant to Local Rule 26.2;" (iii) a statement that the document is filed as restricted in accordance with a court order and the date of the order; and (iv) the signature of the attorney of record filing the document.
DocumentSealed Document
The actual "original," in whatever form the producing party has it, must be made available to any other party within ten days after a written request.
DocumentOriginal Document
Experts or consultants retained by a party who will receive Confidential or Highly Confidential information must sign an Undertaking under penalties of perjury agreeing to be bound by the protective order, use the information solely for this case, not disclose it or related notes to anyone not bound by the order, and return the information and notes.
UNDERTAKING OF [Insert name] I, [insert person's name], state the following under penalties of perjury as provided by I have been retained by [insert party's name] as an expert or consultant in connection with this case. I will be receiving Confidential [and Highly Confidential] information that is covered by the Court's protective order dated ffi/I in date]. I have read the Court's protective order and understand that the Confidential [and Highly Confidential] information is provided pursuant to the terms and conditions in that order. I agree to be bound by the Court's protective order. I agree to use the Confidential [and Highly Confidential] information solely for purposes of this case. I understand that neither the Confidential [and Highly Confidential] information nor any notes concerning that information may be disclosed to anyone that is not bound by the Court's protective order. I agree to return the Confidential [and Highly Confidential] information and any notes concerning that
DocumentUndertaking
(signature) Subscribed and sworn to before me this day of , 20 . Notary Public
DocumentProtective Order Acknowledgment
I submit to the jurisdiction of the Court that issued the protective order for purposes of enforcing that order. I give up any objections I might have to that Court's jurisdiction over me or to the propriety of venue in that Court.
DocumentProtective Order Acknowledgment
The party returning and/or destroying the producer's Confidential and Highly Confidential information must promptly certify in writing its compliance with the requirements of this paragraph.
DocumentCertification Of Destruction Or Return
Filing & Service rules
Filing Timing and Cure Windows
If a designation dispute is unresolved, the proposed new designation takes effect 14 days after notice of the dispute unless the producer files a motion to maintain the designation within that period, and the producer bears the burden of proving proper designation.
If they cannot resolve the dispute, the proposed new designation shall be applied fourteen (14) days after notice of the dispute unless within that fourteen day period the producer files a motion with the Court to maintain the producer's designation. The producer bears the burden of proving that the information is properly designated as Confidential or Highly Confidential.
Civil cases
Page 4 | 3. Designation of information as Confidential or Highly Confidential
Service and Proof of Service Rules
Deposition testimony is designated Confidential or Highly Confidential by stating so on the record at the deposition or by written notice to the opposing party, stenographer, and videographer within 14 days after receipt of the transcript.
A person designates information in deposition testimony as Confidential or Highly Confidential by stating on the record at the deposition that the information is Confidential or Highly Confidential or by advising the opposing party and the stenographer and videographer in writing, within fourteen days after receipt of the deposition transcript, that the information is Confidential or Highly Confidential.
Civil cases
Page 4 | 3. Designation of information as Confidential or Highly Confidential
The party obtaining the expert's signed undertaking must serve it on all other parties within ten days after execution.
The party obtaining the undertaking must serve it on all other parties within ten days after its execution.
Civil cases
Page 6 | 4. Use and disclosure of Confidential [or Highly Confidential] information
At least ten days before first disclosing Confidential or Highly Confidential information to an expert or consultant, the proposing party must serve the producer with a written identification of the expert and a copy of the expert's curriculum vitae.
At least ten days before the first disclosure of Confidential or Highly Confidential information to an expert or consultant (or member of their staff), the party proposing to make the disclosure must serve the producer with a written identification of the expert or consultant and a copy of his or her curriculum vitae.
Civil cases
Page 6 | 4. Use and disclosure of Confidential [or Highly Confidential] information
A producer with good cause to object (other than challenging the expert's qualifications) must serve a written objection on the disclosing party within ten days after service of the expert identification.
If the producer has good cause to object to the disclosure (which does not include challenging the qualifications of the expert or consultant), it must serve the party proposing to make the disclosure with a written objection within ten days after service of the identification.
Civil cases
Page 6 | 4. Use and disclosure of Confidential [or Highly Confidential] information
A Confidential or Highly Confidential designation may be withdrawn by written notification to all parties in the case.
A person who has designated information as Confidential or Highly Confidential may withdraw the designation by written notification to all parties in the case.
Civil cases
Page 4 | 3. Designation of information as Confidential or Highly Confidential
Sealing & Redaction Procedures
No document may be filed under seal without prior leave of court; a party must move for permission, consistent with Local Rule 26.2(b), before the document's due date.
This protective order does not, by itself, authorize the filing of any document under seal. No document may be filed under seal without prior leave of court. A party wishing to file under seal a document containing Confidential or Highly Confidential information must move the Court, consistent with Local Rule 26.2(b) and prior to the due date for the document, for permission to file the document under seal.
Civil cases
Page 7 | 6. Filing with the Court
A party must notify the producer at least five business days before publicly filing a document the producer designated as Confidential or Highly Confidential so the producer can move to seal it.
If a party wishes to file in the public record a document that another producer has designated as Confidential or Highly Confidential, the party must advise the producer of the document no later than five business days before the document is due to be filed, so that the producer may move the Court to require the document to be filed under seal.
Civil cases
Page 8 | 6. Filing with the Court
Highly Confidential information covers Rule 26(c)(1)(G) trade secrets and plans whose disclosure would significantly harm competitive position or contravene a confidentiality obligation to a third person or the Court.
"Highly Confidential" information is information within the scope of Rule 26(c)(1)(G) that is current or future business or technical trade secrets and plans more sensitive or strategic than Confidential information, the disclosure of which is likely to significantly harm that person's competitive position, or the disclosure of which would contravene an obligation of confidentiality to a third person or to a Court.
Civil cases
Page 3 | 2. Definitions
Pre-Motion Conference Requirements
A party disputing a Confidential/Highly Confidential designation must give written notice identifying the disputed materials and proposing a new designation, and the parties must meet and confer before involving the Court.
If a party disputes a producer's designation of information as Confidential or Highly Confidential, the party shall notify the producer in writing of the basis for the dispute, identifying the specific document[s] or thing[s] as to which the designation is disputed and proposing a new designation for such materials. The party and the producer shall then meet and confer to attempt to resolve the dispute without involvement of the Court.
Civil cases
Page 4 | 3. Designation of information as Confidential or Highly Confidential