Judge Young B. Kim
Individual Rules, Standing Orders & Policies
Document Format Requirements5 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
Any changes to this model order must be shown by redlining showing both deletions and additions.
Summary: Any changes to the model confidentiality order must be shown by redline reflecting both deletions and additions.
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Parties are to delete this footnote when submitting their proposed Order.
Summary: Parties must delete footnote 1 from the model order when submitting their proposed Order.
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If protection is sought for additional or different categories of information, the parties are to include them in this paragraph. Parties are to delete this footnote once the Paragraph is finalized.
Summary: Parties seeking protection for additional or different categories of information must add them to Paragraph 2, and must delete footnote 2 once the paragraph is finalized.
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Pages of transcribed deposition testimony or exhibits to depositions that are designated as Confidential Information pursuant to the process set out in this Order must be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Order
Summary: Deposition transcript pages and deposition exhibits designated as Confidential Information must be separately bound by the court reporter and may be disclosed only as permitted by the Order.
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Parties should include or delete language in brackets as necessary to their specific case.
Summary: Parties should tailor the model order by including or deleting bracketed language as necessary for their specific case.
Document Filing Requirements13 rules
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A party may designate a document as Confidential Information for protection under this Order by affixing the words "CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER" on the document and on all copies in a manner that will not interfere with the legibility of the document. As used in this Order, "copies" includes electronic images, duplicates, extracts, summaries or descriptions that include or reflect the Confidential Information.
Summary: To designate a document as Confidential Information, a party must affix the marking "CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER" on the document and on all copies (including electronic images, duplicates, extracts, summaries, or descriptions) in a manner that does not interfere with legibility.
Document Type
Discovery Document
The quote is in the court's document. The summary is not checked yet.Mandatory?
The parties must select one Alternative for handling deposition testimony and delete the other alternative and this footnote.
Summary: Parties must select one deposition-testimony alternative in the protective order and delete the other alternative and the selection footnote.
Document Type
Protective Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
The designation of a document as Confidential Information is a certification by an attorney or a party appearing pro se that the document includes Confidential Information as defined in this order.
Summary: Designating a document as Confidential Information operates as a certification by the designating attorney or pro se party that the document contains Confidential Information as defined in the Order.
Document Type
Confidentiality Designation
The quote is in the court's document. The summary is not checked yet.Mandatory?
Any copies that are made of any documents marked “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” must also be so marked, except that indices, electronic databases or lists of documents that do not show substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked.
Summary: Copies of documents marked “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” must bear the same marking, except indices, electronic databases, or lists that do not reproduce substantial portions or disclose the substance of the Confidential Information.
Document Type
Copies Of Confidential Documents
The quote is in the court's document. The summary is not checked yet.Mandatory?
employed by the parties or counsel for the parties to assist in the preparation and trial of this action but only after such persons have completed the certification contained in Attachment A, Acknowledgment of Understanding and Agreement to Be Bound
Summary: Persons engaged or employed by the parties or counsel to assist in the preparation and trial of the action may access Confidential Information only after completing the Attachment A certification (Acknowledgment of Understanding and Agreement to Be Bound).
Document Type
Attachment A Acknowledgment
The quote is in the court's document. The summary is not checked yet.Mandatory?
Use of Generative Artificial Intelligence and Large Language Model Platforms and Services. Absent prior written notice to and consent from the producing party, any person or entity authorized to have access to Confidential Information under the terms of this Order
Summary: Persons or entities authorized to access Confidential Information may use generative AI/LLM platforms with that information only after prior written notice to and consent from the producing party; this paragraph applies only where litigants may use AI platforms with Confidential Information.
Document Type
Ai Use Written Notice
The quote is in the court's document. The summary is not checked yet.Mandatory?
A party that elects to challenge a confidentiality designation may file and serve a motion that identifies the challenged material and sets forth in detail the basis for the challenge.
Summary: A motion challenging a confidentiality designation must identify the challenged material and set forth the basis for the challenge in detail.
Document Type
Motion Challenging Confidentiality Designation
The quote is in the court's document. The summary is not checked yet.Mandatory?
Each such motion must be accompanied by a competent declaration that affirms that the movant has complied
Summary: Each motion challenging a confidentiality designation must be accompanied by a competent declaration affirming the movant's compliance with the meet-and-confer obligation (sentence continues beyond the provided text).
Document Type
Motion Challenging Confidentiality Designation
The quote is in the court's document. The summary is not checked yet.Mandatory?
A party that intends to present or that anticipates that another party may present Confidential information at a hearing or trial must bring that issue to the Court’s and parties’ attention by motion or in a pretrial memorandum without disclosing the Confidential Information.
Summary: A party must flag actual or anticipated use of Confidential Information at a hearing or trial by motion or pretrial memorandum, without disclosing the Confidential Information itself.
Document Type
Motion Or Pretrial Memorandum
The quote is in the court's document. The summary is not checked yet.Mandatory?
Applications to the Court for an order relating to materials or documents designated Confidential Information must be by motion.
Summary: Any application to the Court for an order relating to materials or documents designated Confidential Information must be made by motion.
Document Type
Application For Order Relating To Confidential Information
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An attorney who reviews the documents and designates them as CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER must be admitted to the bar of at least one state but need not be admitted to practice in the Northern District of Illinois unless the attorney is appearing generally in the case on behalf of a party. By designating documents confidential pursuant to this Order, the designating attorney submits to the jurisdiction and sanctions of this Court on the subject matter of the designation.
Summary: An attorney designating documents confidential must be admitted to at least one state's bar (N.D. Ill. admission not required unless appearing generally in the case) and, by designating, submits to the Court's jurisdiction and sanctions on the subject of the designation.
Document Type
Confidentiality Designation
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Counsel must maintain the originals of the forms signed by persons acknowledging their obligations under this Order for a period of 3 years after the termination of the case.
Summary: Counsel must retain the originals of signed acknowledgment forms for 3 years after the case terminates.
Document Type
Signed Acknowledgment Forms
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The undersigned hereby acknowledges that he/she has read the Confidentiality Order entered on __________________ in the above-captioned action and attached hereto, understands the terms thereof, and agrees to be bound by its terms. The undersigned submits to the jurisdiction of the United States District Court for the Northern District of Illinois in matters relating to the Confidentiality Order and understands that the terms of the Confidentiality Order obligate him/her to use materials designated as Confidential Information in accordance with the Order solely for the purposes of the above-captioned action, and not to disclose any such Confidential Information to any other person, firm or concern.
Summary: Persons subject to the Confidentiality Order must execute the Acknowledgment and Agreement to Be Bound form, acknowledging they have read the order, agree to its terms, submit to the court's jurisdiction, and will use Confidential Information solely for this action.
Document Type
Acknowledgment And Agreement To Be Bound
Filing & Service rules
Service and Proof of Service Rules
Under Alternative B, a party may serve a Notice of Designation on all parties of record within the designation window identifying specific confidential portions, and failure to serve a timely notice waives the designation unless the Court orders otherwise.
Within this time period, a party may serve a Notice of Designation to all parties of record as to specific portions of the testimony that are designated Confidential Information, and thereafter only those portions identified in the Notice of Designation shall be protected by the terms of this Order. The failure to serve a timely Notice of Designation shall waive any designation of testimony taken in that deposition as Confidential Information, unless the Court orders otherwise.
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Page 4 | 4. Depositions. Alternative B
Under Alternative A, a designating party may serve a Notice of Designation on all parties of record within 14 days after transcript delivery identifying the confidential portions, and failure to serve a timely notice waives the on-record designation unless the Court orders otherwise.
Within 14 days after delivery of the transcript, a designating party may serve a Notice of Designation to all parties of record identifying the specific portions of the transcript that are designated Confidential Information, and thereafter those portions identified in the Notice of Designation must be protected under the terms of this Order. The failure to serve a timely Notice of Designation waives any designation of deposition testimony as Confidential Information that was made on the record of the deposition, unless the Court orders otherwise.
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Page 4 | 4. Depositions. Alternative A
A receiving party served with a subpoena or order in other litigation compelling disclosure of Confidential Information must notify the designating party in writing immediately and no later than 3 business days after service.
If a receiving party is served with a subpoena or an order issued in other litigation that compels the disclosure of any material or document designated in this action as Confidential Information, the receiving party must notify the designating party in writing immediately and in no event more than 3 business days after
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Page 10 | 12. Confidential Information Subpoenaed or Ordered Produced in Other Litigation - (a)
Sealing & Redaction Procedures
Confidential Information may be designated only for statutorily protected information, trade secrets, confidential research/technical/commercial/financial information, medical information, personal identity information, tax records, and non-party personnel or employment records.
As used in this Order, "Confidential Information" means information the producing party designates as "CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER" that falls within one or more of the following categories: (a) information prohibited from disclosure by statute; (b) information that reveals trade secrets; (c) research, technical, commercial or financial information that the party has maintained as confidential; (d) medical information concerning any individual; (e) personal identity information; (f) income tax returns (including attached schedules and forms), W-2 forms and 1099 forms; and (g) personnel or employment records of a person who is not a party to the case.
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Page 2 | 2. Confidential Information.
Information or documents that are available to the public may not be designated as Confidential Information.
The producing party may not designate information or documents that are available to the public as Confidential Information.
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Page 2 | 2. Confidential Information.
Under Alternative A, deposition testimony is protected only if designated “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” on the record when taken, and the designation must be specific as to the confidential portions.
Deposition testimony is protected by this Order only if designated as “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” on the record at the time the testimony is taken. Such designation must be specific as to the portions that include Confidential Information.
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Page 3 | 4. Depositions. Alternative A
Under Alternative B, all deposition testimony is treated as Confidential Information unless all parties agree otherwise on the record, until the 14th day after transcript delivery and in no event later than 60 days after the testimony was given.
Unless all parties agree on the record at the time the deposition testimony is taken, all deposition testimony taken in this case shall be treated as Confidential Information until the expiration of the following: no later than the 14th day after the transcript is delivered to any party or the witness, and in no event later than 60 days after the testimony was given.
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Page 4 | 4. Depositions. Alternative B
The protective order does not itself authorize sealing; a party must comply with Local Rule 26.2 to file Confidential Information under seal with any motion, brief, or other submission.
This Order does not authorize the filing of any document under seal. Any party wishing to file a document designated as Confidential Information under seal in connection with a motion, brief or other submission to the Court must comply with LR 26.2.
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Page 8 | 7. Filing of Confidential Information
When a subpoena or court order from another litigation seeks material subject to this protective order, the receiving party must immediately notify the issuing party in writing and promptly deliver a copy of the Order to that party.
(b) The receiving party also must immediately inform in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material the subpoena or order seeks is the subject of this Order. The receiving party must also deliver a copy of this Order promptly to the party in the other action that caused the subpoena or order to issue.
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Page 11 | Paragraph 12(b)
Within 63 days after dismissal or final judgment, all Confidential Information and documents marked CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER must be returned to the producing party, unless the document was offered into evidence or filed without restriction, the parties agree to destruction in lieu of return, or the receiving party destroys annotated documents and certifies destruction.
(b) Obligations at Conclusion of Litigation. Within 63 days after dismissal or entry of final judgment not subject to further appeal, all Confidential Information and documents marked "CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER" under this Order, including copies as defined in Paragraph 3(a), must be returned to the producing party unless: (1) the document has been offered into evidence or filed without restriction as to disclosure; (2) the parties agree to destruction to the extent practicable in lieu of return; or (3) as to documents bearing the notations, summations, or other mental impressions of the receiving party, that party elects to destroy the documents and certifies to the producing party that it has done so.
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Page 12 | 14(b) Obligations at Conclusion of Litigation
Documents filed under seal may be deleted from the ECF system only with a Court order.
(d) Deletion of Documents filed under Seal from Electronic Case Filing (ECF) System. Filings under seal may be deleted from the ECF system only with a Court order.
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Page 13 | (d) Deletion of Documents filed under Seal from Electronic Case Filing (ECF) System
Marking a document “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” confers protection only under this Order and not by statute or otherwise.
Applying the marking “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” to a document does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order.
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Page 3 | 3. Designation.
Sealed filings may be challenged by a party or interested member of the public, and the party asserting confidentiality bears the burden of demonstrating that filing under seal is proper.
13. Challenges by Members of the Public to Sealing Orders. A party or interested member of the public has a right to challenge the sealing of documents that have been filed under seal, and the party asserting confidentiality has the burden of demonstrating the propriety of filing under seal.
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Page 11 | Paragraph 13. Challenges by Members of the Public to Sealing Orders
The designating party bears the burden and expense of seeking protection in the other court, and the notification obligations remain in effect for as long as a party possesses the Confidential Information.
The designating party must bear the burden and the expense of seeking protection in that court of its Confidential Information, and nothing in these provisions should be construed as authorizing or encouraging a receiving party in this action to disobey a lawful directive from another court. The obligations set forth in this paragraph remain in effect while the party has in its possession, custody, or control Confidential Information of the other party to this case.
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Page 11 | Paragraph 12(c)
The parties may agree that Confidential Information will be destroyed and certified rather than returned, and that e-mails, deposition transcripts, and expert reports need not be searched for Confidential Information.
The parties may choose to agree that the receiving party shall destroy documents containing Confidential Information and certify the fact of destruction, and that the receiving party shall not be required to locate, isolate and return e-mails (including attachments to e-mails) that may include Confidential Information, or Confidential Information contained in deposition transcripts or drafts or final expert reports.
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Page 12 | Footnote 5
The protective order remains in force after dismissal or entry of final judgment that is not subject to further appeal.
Order remains in force after dismissal or entry of final judgment not subject to further appeal.
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Page 12 | 14. Obligations on Conclusion of Litigation
Counsel may retain attorney work product and one complete set of court-filed documents after conclusion of litigation, but any retained Confidential Information remains protected by the Order.
(c) Retention of Work Product and one set of Filed Documents. Notwithstanding the above requirements to return or destroy documents, counsel may retain: (1) attorney work product, including an index that refers or relates to designated Confidential Information so long as that work product does not duplicate verbatim substantial portions of Confidential Information; and (2) one complete set of all documents filed with the Court including those filed under seal. Any retained Confidential Information is subject to this Order's protection.
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Page 12 | 14(c) Retention of Work Product and one set of Filed Documents
Pre-Motion Conference Requirements
Before seeking judicial intervention, a party challenging a confidentiality designation must confer directly and in good faith with the designating party, explain the basis for the challenge, and the designating party must respond within 5 business days.
A party challenging the designation of Confidential Information must do so in good faith and must begin the process by conferring directly with the designating party. When conferring, the challenging party must explain the basis for needing to use the challenged information in litigation and for its belief that the confidentiality designation is not proper and give the designating party an opportunity to reconsider and explain the basis for the designation. The designating party must respond to the challenge within 5 business days.
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Page 9 | 9. Challenges by a Party to Designation as Confidential Information - (a) Meet and Confer