PROTECTIVE ORDER

IT IS HEREBY ORDERED:

This Order ("Protective Order") shall govern the use and dissemination of all material designated as Confidential or Highly Confidential produced within this action.

Confidential Information

1. Any party to this action or other person who produces or supplies information, documents or other tangible items for use in this action in the course of discovery (hereinafter the "Designating Party") may designate as "Confidential" information concerning the following:

a. The following categories of information constituting "Trade Secrets" pursuant to Conn. Gen. Stat. § 35-51(d) and protected under the Connecticut Uniform Trade Secrets Act, Conn. Gen. Stat. § 35-50, et seq.,:

1. product formulas, specifications, recipes and manufacturing processes;

2. development of new products or technologies;

3. marketing plans and methods; and

4. business planning or financial information;

b. Other categories of information constituting "Trade Secrets" pursuant to Conn. Stat. § 35-51(d) and protected under the Connecticut Uniform Trade Secrets Act, Conn. Gen. Stat. § 35-50, et seq., as may be specified by the Designating Party;

provided as to Subparagraphs (a) and (b): (i) such information has not been made public by the Designating Party, or shared with a competitor unless done pursuant to a written licensing agreement, joint venture, or other similar written business arrangement relating to the design, manufacture or development of the party's or parties' (to the licensing, joint venture or business arrangement) product(s), which arrangement provides in writing executed at or about the time of the arrangement for the confidentiality of such information; (ii) the information has been maintained as confidential by the Designating Party; and (iii) its disclosure to a competitor would be likely to cause competitive (but not irreparable) injury to the Designating Party;

c. Other categories of information specified by the Designating Party for which a right of confidentiality exists under statute, applicable common law, regulation or constitutional provision may be designated "Confidential", provided that such information has not been made public by the Designating Party and has been maintained as confidential.

Provided as to subparagraphs (b) and (c): where such documents have not been previously produced into the Minnesota or Guildford depositories established in an action brought against certain defendants herein by the State of Minnesota, et al., v. Phillip Morris, et al., No. C1-94-8565 (the "Minnesota action"), the Designating Party shall communicate to counsel for the Discovering Party the new category providing the basis for such designation: (a) with respect to all defendants other than B.A.T Industries p.l.c. ("B.A.T Industries") and British-American Tobacco Co. Limited ("BATCo"), at the time of production; and (b) with respect to B.A.T Industries, and BATCo, 30 days from the time such documents are selected by the State of Connecticut for copying. Where such documents have previously been produced into the Minnesota or Guildford depositories (or a newly-established depository, subject to paragraph 23 below), the Designating Party shall not be required to communicate to counsel for the Discovering Party such basis at the time of production or 30 days from selection. However, if the Discovering Party challenges the designation, Paragraphs 21 and 23 shall then apply; and

d. Information that must be maintained confidential or the disclosure of which is prohibited or limited by statute or regulation to the extent such information is ordered produced by the Court.

2. Documents, information or other tangible items shall be designated as Confidential by marking the words that in substance state:

CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER

IN CONNECTICUT TOBACCO LITIGATION

on the face of the original or photocopy of the document, information, or other tangible item, and upon each page so designated if practicable.

3. Confidential Information shall not be disclosed other than as expressly authorized in this Order and may be disclosed only to:

a. This Court and its personnel.

b. Counsel of record in this litigation (including staff persons employed by such counsel); provided that prior to disclosure, each staff person having access to Confidential Information shall execute the Acknowledgement attached hereto as Exhibit A ("Acknowledgement A"), and each such counsel of record having access to Confidential Information shall either represent to the Court on the record, or advise the Court in writing ex parte, that he or she has read this Order, understands it, and is bound by its terms.

c. Any consultant, investigator or expert (collectively, "Expert") who is assisting in the preparation and trial of this litigation, but only to the extent reasonably necessary to enable such Expert to render such assistance; provided that prior to disclosure, each such Expert shall execute Acknowledgement A.

d. A deponent, but, subject to Subparagraph (f) below, only during the course of a deposition; provided that prior to disclosure, a deponent who is not a current employee of, or represented by counsel for, the Designating Party, shall execute Acknowledgement A. In the event the deponent refuses to sign Acknowledgement A, the party seeking to conduct the deposition may apply to the Court to resolve the issue, but may not show the deponent any Confidential Information until the issue is resolved.

e. Any attorney (including staff persons employed by such attorney) representing a party to any other lawsuit involving issues similar to the issues in this litigation; provided that prior to disclosure, each such attorney or staff member shall execute, file with this Court, and serve on counsel for the Designating Party, Acknowledgement A. Such attorneys and staff shall remain subject to Acknowledgement A and not further disclose Confidential Information in the other lawsuit: (a) without further order of this Court, which shall issue if a protective order not less protective of Confidential Information than this Order is entered in the other lawsuit; or (b) unless the Designating Party has agreed in writing in advance of such further disclosure that the protective order entered in the other lawsuit is not less protective of Confidential Information than this Order, and the attorney in the other lawsuit to whom Confidential Information has been disclosed agrees in writing to be bound by the protective order entered in that lawsuit. A Designating Party's written agreement may be withdrawn by the Designating Party if the Protective Order in the other lawsuit is amended to affect confidentiality protections in that suit. If documents produced pursuant to this Order are also ordered produced by a Designating Party in the other lawsuit, and are produced there by such Designating Party, such documents as are produced in the other lawsuit shall be subject solely to whatever Protective Order has been entered there. However, the Confidential Information produced in this action shall remain subject solely to this Protective Order.

f. Witnesses and potential witnesses, and persons who have had previous access to Confidential Information, provided that, prior to disclosure, each such individual shall execute Acknowledgement A. As to persons (including deponents in Subparagraph (d) above) who have had previous access to Confidential Information, any rights such person had prior to disclosure of Confidential Information pursuant to this Subparagraph (f) or subparagraph (d) shall not be affected by signing Acknowledgement A which shall apply to Confidential Information seen during the course of disclosure under this Subparagraph (f) and/or Subparagraph (d). Disclosure to witnesses and potential witnesses shall be limited to those the party making disclosure reasonably believes are likely to be called upon to testify, including at deposition, about the Confidential Information they are being shown; disclosure to individuals who have had previous access shall be limited to Confidential Information that the party making disclosure reasonably believes the individual previously has seen. As to anyone shown Confidential Information under this Paragraph, disclosure shall not include the physical transfer to and retention by such individual of any document or other tangible item containing Confidential Information. In addition, the party making disclosure shall maintain a written record of the Confidential Information witnesses, potential witnesses and persons who have had previous access are shown.

g. Any governmental agency or law enforcement agency, including but not limited to states attorneys general, the Centers for Disease Control and Prevention, the Food and Drug Administration, the Federal Trade Commission, and state agencies, provided that, prior to such disclosure, each person to whom such Confidential Information is to be disclosed shall agree to be bound by all of the provisions of this Order by executing Acknowledgement A. Moreover, prior to such disclosure, the party who intends to make the disclosure hereunder shall provide to the producing party oral and written notice of such intended disclosure. The producing party shall have 7 business days from the time of such oral notice to file its objection to the intended disclosure with the Court. Where the producing party files such an objection, disclosure will be prohibited pending resolution by the Court.

h. A court reporter after the reporter has executed Acknowledgement A.

4. Notwithstanding Paragraph 3 of this Order, an attorney in this action who is entitled to see Confidential Information under the terms of this Order may discuss, disclose or exchange Confidential Information with or to attorneys in other lawsuits who are entitled to have access to Confidential Information in such other lawsuits, provided that only Confidential Information provided in each lawsuit may be discussed, disclosed or exchanged.

5. If a party wishes to disclose any material designated as Confidential to any person not described in Paragraphs 3 and 4 of this Order, permission to so disclose must be requested from the Designating Party in writing. If the Designating Party objects within 10 days of receipt of such request to the proposed disclosure, no such disclosure shall be made unless this Court, upon application by the party requesting such permission, orders otherwise. If the Designating Party does not object to the proposed disclosure, the person to whom such Confidential Information is shown must execute Acknowledgement A prior to such disclosure. However, each party may disclose its own Confidential Information without regard to this Protective Order.

6. Where any Confidential Information or material summarizing, reciting, containing or reflecting Confidential Information is included in any papers filed with the Court or in a deposition, such papers or depositions shall be marked in words that in substance state "CONFIDENTIAL -- PROTECTIVE ORDER" and placed in a sealed envelope marked with the caption of the case and held under seal in accordance with the local rules and practices of this Court for such pleadings and documents. Any party filing a document with the Court containing Confidential Information shall have the right to make a public filing of such papers with all Confidential portions redacted and/or Confidential attachments removed.

7. If a Designating Party advises the court reporter that Confidential Information has been disclosed during a deposition, the entire transcript shall be treated as Confidential for 10 days, within which time counsel for the Designating Party shall advise the court reporter of the pages and lines in which Confidential Information appears. The portions of any deposition transcript in which Confidential Information is discussed, and any Confidential Information or documents that are marked as exhibits, shall continue to be treated as Confidential Information. Transcript pages and exhibits containing Confidential Information shall be designated "Confidential" before the transcript is distributed, and shall be treated in accordance with the provisions of this Order.

Highly Confidential Information

8. A Designating Party may designate as "Highly Confidential" information concerning the following: (a) product formulas, specifications, recipes and manufacturing processes; (b) development of new products or technologies; (c) marketing plans and methods having current or future applicability; (d) business planning and financial documents having current or future applicability; and (e) other information which constitutes "Trade Secret" information under Conn. Gen. Stat. § 35-51(d) and is protected under the Connecticut Uniform Trade Secrets Act, Conn. Gen. Stat. § 35-50 et seq., where all the above types of information are so proprietary or competitively sensitive that their disclosure is likely to cause irreparable competitive injury to the Designating Party. The designation "Highly Confidential" shall be made by affixing on the face of the document or material containing such information and upon each page so designated where practicable, the legend that in substance states:

HIGHLY CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER

IN CONNECTICUT TOBACCO LITIGATION

9. Highly Confidential Information shall not be disclosed other than as expressly authorized in this Order and may be disclosed only as follows:

a. Disclosure may be made to this Court and its personnel. Paragraph 6 of this Order shall apply to any disclosure to the Court of Highly Confidential Information, but the cover page of the filed document shall be marked in words that in substance state: "HIGHLY CONFIDENTIAL -- DISSEMINATION RESTRICTED BY COURT ORDER". Other than Designated Attorneys (defined in paragraph 9(b)), Designated Co-Counsel (defined in paragraph 9(c)), and counsel for the Designating Party, counsel shall not be served with copies of court filings containing Highly Confidential Information, but instead shall have access solely in accordance with paragraph 9(c).

b. Access to Highly Confidential Information shall be limited in the first instance to three (3) attorneys from each private law firm of record representing the party seeking discovery and three (3) attorneys from the Attorney General's Office (together, "Designated Attorneys"); provided that prior to disclosure, each such attorney shall represent on the record in this Court that he or she has read this Order, understands it, and is bound by its terms.

c. Outside counsel for co-defendants of a Designating Party shall have access to Highly Confidential Information only after it has been designated for use as a deposition exhibit or submitted to the Court as an exhibit. Such access shall be limited to three attorneys from each firm of record representing the co-defendant ("Designated Co-Counsel"). "Designated Co-Counsel" must execute Acknowledgement A and shall maintain Highly Confidential Information pursuant to the terms of the interim Protective Order until such time as this Court enters a Protective Order specifying the manner in which any Highly Confidential Information is to be produced and secured. Absent further Order of the Court, Designated Co-Counsel shall not further disclose Highly Confidential Information.

d. Disclosure of Highly Confidential Information may be made to Experts who are assisting in the preparation and trial of this action. Prior to disclosing any Highly Confidential Information to any Expert:

(1) Counsel for the party contemplating such disclosure shall determine that (i) disclosure to an Expert of particular Highly Confidential Information is, in that counsel's good faith judgment, necessary to that party's prosecution of the case; (ii) the Expert is not, and is not believed to intend to become, employed by, or under contract with, or a consultant to, any entity that is or intends to be in the tobacco business or in the business of supplying ingredients or machinery used in the manufacture of tobacco products; and (iii) counsel has formed a good faith belief that the individual has not previously violated any confidentiality agreement or order and is not likely to violate the terms of this Order.

(2) Prior to disclosure, each such Expert must execute the Acknowledgement annexed hereto as Exhibit B ("Acknowledgement B").

e. Designated Attorneys shall, upon granting access to Highly Confidential Information to any person outside the law firm who is entitled under this Protective Order to see such information, maintain a written record of the identity of each such person and the identity of the information to which they have been given access.

10. The parties are currently unable to evaluate the volume of Highly Confidential Information that plaintiff will seek to have produced and whether plaintiff will wish to have custody of all or a portion of such Highly Confidential Information. Therefore, the parties agree that Highly Confidential Information shall, in the first instance, be made available for inspection by a Designated Attorney(s) at a place the parties shall agree upon, after which time the parties will attempt to agree further on how such Highly Confidential Information is to be produced into the custody of a Designated Attorney and secured. In the event the parties are unable to so agree, the parties will apply to the Court to resolve their differences. If a Designated Attorney receives Highly Confidential Information from the Minnesota "taken set" under the parties' interim Protective Order as reflected in the transcript of proceedings in the captioned litigation on December 19, 1996 (the "interim Protective Order"), or makes notes or summaries of Highly Confidential Information during his/her inspection as set forth above, such Designated Attorney(s) shall be bound by the terms of the interim Protective Order as to such Highly Confidential Information, notes or summaries until such time as this Court enters a Protective Order specifying the manner in which Highly Confidential Information is to be produced and secured. It is understood that defendants are not at this time producing or making available for inspection Category II information (as defined in the June 4, 1996 Addendum to the Protective Order entered in the Minnesota action). If any Category II information is inadvertently produced or made available for inspection, the Designated Attorney(s) receiving or viewing such information shall keep it or view it in accordance with the interim Protective Order.

11. A Designated Attorney in this action may discuss Highly Confidential Information with Designated Attorneys in other lawsuits (or other attorneys in such other lawsuits who are entitled to see Highly Confidential Information in that suit) in which a Designating Party has produced Highly Confidential Information, provided that only Highly Confidential Information provided in each lawsuit may be discussed. Such Designated Attorneys, however, shall not exchange or otherwise physically transfer any documents or other tangible items containing Highly Confidential Information.

12. Without further order of the Court, a party may use Highly Confidential Information in meeting with, or deposing, only (a) an individual who is or was eligible to have access to the Highly Confidential Information by virtue of his or her employment with the Designating Party, or (b) an Expert (who shall have executed Acknowledgement B and shall meet the conditions of paragraph 9(d)). In such circumstances, at least 7 days before the deposition or meeting at which Highly Confidential Information is proposed to be disclosed, counsel noticing the deposition or conducting the meeting shall notify counsel for the Designating Party personally of the Bates numbers (or other identifying information, if Bates numbers are inapplicable, such as interrogatory answers) of the Highly Confidential Information that may be used at the deposition or meeting, and, in the case of a meeting, the name of the person with whom the meeting is to be held. Such identifying information shall not include the substance of the Highly Confidential Information. Counsel for the Designating Party may object to the proposed disclosure in writing at least 4 days prior to the deposition or meeting. If such objection is made, that portion of the deposition or meeting which involves the objected to Highly Confidential Information shall be held in abeyance pending resolution by the Court of the Designating Party's Motion for Protective Order respecting the Highly Confidential Information, which Motion shall be filed within five business days of the Designating Party's objection. If no objection is made to the use of the Highly Confidential Information in the deposition or meeting, the Designated Attorneys may (a) in the case of a deposition, personally remove the document or material from the locked room as provided for under the interim Protective order or other secure place as agreed to by the parties or ordered by the Court under Paragraph 10 above, to a nearby copying station and make one copy of the Highly Confidential Information for transport to the location of the deposition; or (b) in the case of a meeting, show such person qualified under this paragraph 12(a) or (b) above the Highly Confidential Information in the locked room as provided for under the interim Protective Order, or such secure place as agreed to by the parties or ordered by the Court pursuant to Paragraph 10 above, after such person has signed Acknowledgement A or B as appropriate. Any original removed from the locked room or other secure place for a deposition must be returned to and kept therein, and the copy must either be destroyed after the conclusion of the deposition, or, if it is made a deposition exhibit, placed in a sealed envelope, and legended and treated in accordance with Paragraph 9(a). In addition, if there is no objection to the use of the designated Highly Confidential Information at the deposition, counsel for the Designating Party shall deliver copies of such Highly Confidential Information to Designated Co-Counsel at least three days before the beginning of the deposition, provided that any failure by the Designating Party to do so shall not provide a basis for keeping the deposition, including the Highly Confidential portion of it, from going forward.

13. A Designating Party may redact nonresponsive and/or non-relevant Highly Confidential Information from any document or material. However, unredacted copies of such documents shall be maintained by the Designating Party. Designated Attorneys for a Discovering Party and, if necessary, qualified Experts under Paragraph 9(d) retained by them, may have access to the unredacted versions of the documents at a place to be agreed upon by the parties, but only for the purpose of ascertaining the appropriateness of any redactions.

14. No one may attend, or review the transcripts of, the portions of any deposition at which Highly Confidential Information is shown or discussed, other than the court reporter (who shall first have executed Acknowledgement A), Designated Attorneys, counsel for the Designating Party, Designated Co-Counsel, the deponent and counsel for the deponent (provided deponent and deponent's counsel have previously executed Acknowledgement A), except that an expert who is qualified under Paragraph 9(d) of this Order may review the transcript of such deposition in the locked room as provided for under the interim Protective Order, or such secure place as agreed to by the parties or ordered by the Court.

15. If a Designating Party advises the court reporter that Highly Confidential Information has been disclosed during a deposition, the entire transcript shall be treated as Highly Confidential for 10 days, within which time counsel for the Designating Party shall advise the court reporter of the pages and lines in which Highly Confidential Information appears. The portions of any deposition transcript in which Highly Confidential Information is discussed, and any Highly Confidential Information or documents that are marked as exhibits, shall continue to be treated as Highly Confidential Information. Transcript pages and exhibits containing Highly Confidential Information shall be bound under separate cover, designated "Highly Confidential", distributed only to Designated Attorneys, Designated Co-counsel and counsel for the Designating Party, and kept in the locked room under the interim Protective Order or in such other secure place as agreed to by the parties or ordered by the Court.

16. In the event a party intends to use Highly Confidential Information at a deposition, or orally in Court prior to trial under this Paragraph 16, the party shall give notice to all parties that it has such an intention 7 days before the deposition or oral presentation. Unless otherwise ordered by the Court, any presentation of Highly Confidential Information orally in Court prior to trial shall be made in the presence of only the presiding judicial authority, an authorized court reporter (who shall have executed Acknowledgement A), Designated Attorneys, counsel and/or other representatives of the Designating Party, and Designated Co-counsel.

17. If a party wishes to disclose or discuss any material designated as Highly Confidential to any person not described in Paragraphs 9, 11 and 12 of this Order, permission to so disclose must be requested from the Designating Party in writing. If the Designating Party objects to the proposed disclosure within 10 days of the receipt of such request, no such disclosure shall be made unless this Court, upon application by the party requesting such permission, orders otherwise. If the Designating Party does not object to the proposed disclosure, the person to whom such Highly Confidential Information is shown must execute Acknowledgement A prior to such disclosure. However, each party may disclose its own Highly Confidential Information without regard to this Protective Order. Whenever Highly Confidential Information is disclosed pursuant to this paragraph except by a party of its own Highly Confidential Information, the party making disclosure shall maintain a written record of the identity of any such person and the identity of the Highly Confidential Information that has been disclosed.

General Provisions

18. The term "document" or "documents" shall mean letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, magnetic impulse, mechanical or electronic recording, or other form of data compilation.

19. Except to the extent expressly authorized in this Order, no party to this action receiving either Confidential Information or Highly Confidential Information shall use or disclose it for any purpose other than the preparation, pretrial proceedings, and trial, of this case and/or any appeal therefrom.

20. In the event that any copy, notes, summary or compilation contains Confidential Information or Highly Confidential Information, or any electronic image or database contains Confidential Information, such Confidential or Highly Confidential portion(s) shall be subject to the terms of this Order to the same extent as the material or information from which such copy, summary, compilation, electronic image, notes or database was made or derived.

21. Any party may, at any time after production of material designated under this Order, object to its designation by notifying the Designating Party in writing of that objection and specifying the designated material to which the objection is made. The parties shall, within 15 days of service of the written objection, confer concerning the objection. If the objection is not resolved, the party designating the material shall, within 15 days of the conference, file and serve a motion to resolve the dispute over the designation of the material and shall bear the burden of proof on the issue. If no such motion is filed within the stated time period, the material will cease to be subject to the protection of this Order. If a motion is filed, information subject to dispute shall, until further order of the Court, be treated consistently with its designation. The Designating Party shall, at its expense, provide to each party which so requests undesignated or newly designated copies of any material the designation of which changes through agreement of the parties or order of the Court.

22. Inadvertent failure either to designate any information pursuant to this Order or to assert a claim of privilege and/or work-product immunity shall not constitute a waiver of any otherwise valid claim for protection, so long as such claim is asserted within 15 days of the discovery of the inadvertent failure. At such time, arrangements shall be made for the Designating Party to substitute properly labeled copies or, in the case of inadvertently produced privileged and/or work product documents, the documents and any copies, notes, summaries or compilations containing or derived from the documents, shall be returned forthwith to the party claiming privilege and/or work product immunity.

23. The parties recognize that some of the defendants in this action have produced a great volume of documents into the Minnesota and Guildford depositories and that such defendants have previously made "Confidential" and "Highly Confidential" determinations and designations as to such documents. To the extent that the State of Connecticut contends that any document produced at any time into either one of the Depositories and designated as "Confidential", Category I", or "Category II" in the Minnesota action is not entitled to Confidential or Highly Confidential protection under this Protective Order, the burden shall be on the State of Connecticut to bring such document to the attention of the Designating Party. The Designating Party is not required under any provision of this Order, including specifically Paragraphs 1(b) and (c) and 8, to review the designations made on documents produced into either of the Minnesota or Guildford depositories at any time, or to redesignate such documents for any reason, before such documents are produced to the State of Connecticut. However, in the event the State of Connecticut does challenge the designation of a document that had been produced into one of those depositories, then the terms and procedures of Paragraph 21 above shall apply. In addition, if copies of any previously designated documents that are in the Minnesota or Guildford depositories are also placed in a newly-established depository, or if documents presently in the Minnesota or Guildford depositories are transferred to a newly-established depository, the provisions of this Paragraph 23 shall apply. In the event that, either by agreement of the parties or by order of the Court, disclosure of documents different from those in the Minnesota or Guildford depositories should be made in this action from a newly-established depository, then this Paragraph 23 shall also apply to such other depository unless the State of Connecticut can establish good cause before the Court that it should not.

24. Nothing in this Protective Order shall be deemed to restrict in any manner the use by any Designating Party of any information in its own documents and materials.

25. Any subpoena or deposition notice compelling the production of documents or information from any third party shall either on the subpoena or notice itself, or in an accompanying letter state that: (a) a protective order governing disclosure of confidential information has been entered in this action; (b) if documents or information requested by the subpoena and/or notice are confidential, they may be produced pursuant to the protections of that order; and (c) a copy of the protective order may be obtained from [name/address/phone number of liaison counsel].

26. Unless otherwise ordered by this Court pursuant to Paragraph 21, material designated as Confidential Information or Highly Confidential Information shall be treated as "non-public information" for purposes of the Connecticut Freedom of Information Act. In the event there is a request under the Freedom of Information Act encompassing Confidential Information or Highly Confidential Information, the State of Connecticut shall, within 5 business days of receiving the request, notify the Designating Party of such request in writing and shall not produce the requested documents except as provided below. The State of Connecticut shall not produce any Confidential Information or Highly Confidential Information except to comply with an order of the FOIC unless such order is stayed. If such order is stayed, and, if an appeal from such order is filed, then so long as such order remains stayed, the State of Connecticut shall not produce any Confidential Information or Highly Confidential Information except to comply with a final order after the exhaustion of all available appeals. In order to give the Designating Party an opportunity to obtain such a stay, the State of Connecticut shall not make the ordered disclosure until the final day ordered for disclosure or, if no such date is ordered, until the 14th day after receipt of the notice of decision. If no date is specified for disclosure in the order, and if an application for a stay of the order is filed within the fourteen day period but not ruled upon, the State of Connecticut shall not make the ordered disclosure unless and until such stay is denied by the FOIC and/or the Superior Court, provided that the Designating Party shall immediately apply for, and diligently pursue, such stay.

27. If another court or administrative agency subpoenas or orders production of Confidential Information or Highly Confidential Information that a party has obtained under the terms of this Protective Order, such party shall, if there are fewer than 10 days to comply, within 2 days, or if more than 10 days, at least 7 business days prior to the due date of compliance, notify the Designating Party of the pendency of the subpoena or order in writing, and shall not produce the Confidential or Highly Confidential Information until the Designating Party has had reasonable time to take appropriate steps to protect the material. It shall be the responsibility of the Designating Party to obtain relief from the subpoena or order prior to the due date of compliance, and, to give the Designating Party an opportunity to obtain such relief, the party from whom the information is sought will not make disclosure before the actual due date of compliance set forth in the subpoena or order, or, where the Designating Party objects to the subpoena or order, except to comply with an unstayed order or a final order after the exhaustion of all available appeals.

28. This Protective Order shall not prevent any of the parties from moving this Court for an order that Confidential Information or Highly Confidential Information may be disclosed other than in accordance with this Order.

29. This Protective Order is without prejudice to the right of any party to seek modification of it from the Court. It shall remain in effect until such time as it is modified, amended or rescinded by the Court.

30. Counsel for the party obtaining the person's signature on an Acknowledgement pursuant to this Order will retain the original signed Acknowledgement. If there is a claimed violation of this Protective Order, the party that claims the violation may apply to the Court to review the Acknowledgements signed pursuant to this Order in the possession of Counsel who has retained any original signed [Agreement] [Acknowledgement] and written record kept pursuant to Paragraphs 3, 5, 9, 12 and 17 hereof, and any letters from counsel of record sent to the Court ex parte pursuant to Paragraph 3(b) above.

31. This Protective Order is not intended to govern the use of Confidential Information or Highly Confidential Information at any trial of this action. Questions of the protection of Confidential Information or Highly Confidential Information during trial will be presented to the Court prior to or during trial as each party deems appropriate. At any pre-trial evidentiary hearing where a witness or witnesses will be testifying about Confidential Information or Highly Confidential Information, the Court will resolve how such testimony shall be treated.

32. This Court shall have continuing jurisdiction to modify, amend, enforce, interpret or rescind this Order notwithstanding the termination of this action.

33. Within 30 days after conclusion of this action, all documents and materials containing Confidential Information or Highly Confidential Information (other than exhibits to the official court record) shall (a) if Confidential Information, be returned to the Designating Party or, at the sole option of Receiving Party, destroyed, and (b) if Highly Confidential Information, returned to the Designating Party or, at the sole option of the Designating Party, destroyed. Counsel for any party or third party receiving Confidential Information or Highly Confidential Information shall make written certification of compliance with this provision and shall deliver the same to counsel for each Designating Party within 60 days after the conclusion of this action.

Signed this day of February, 1997.

Judge Michael R. Sheldon

Back to Connecticut STIC Library