The opinion of the court was delivered by: JUDITH KEEP, District Judge
This Protective Order Regarding Confidential Information ("Protective
Order") between SPRINT TELEPHONY PCS, L.P. ("Sprint") and PACIFIC BELL
WIRELESS, LLC dba CINGULAR WIRELESS ("Cingular") (collectively
"Plaintiffs") and COUNTY OF SAN DIEGO ("County"), GREG COX, in his
capacity as a supervisor of the County of San Diego; DIANNE JACOB, in her
capacity as a supervisor of the County of San Diego; PAM SLATER, in her
capacity as a supervisor of the County of San Diego; RON ROBERTS, in his
capacity as a supervisor of the County of San Diego; and BILL HORN, in
his capacity as a supervisor of the County of San Diego ("collectively
"Defendants") by and through their counsel of record, is made in the
above-captioned action with respect to the following recitals:
WHEREAS, the Plaintiffs to this action expect that they will be
requested to produce documents, provide testimony and/or otherwise
disclose sensitive and confidential financial and business information
and other information that requires protection as sensitive,
confidential, proprietary or trade secret information, and/or by the
right to privacy; and
WHEREAS, the parties to this action seek to establish procedures that
will protect all confidential information while expediting the discovery
process, limiting the necessity for objections or subsequent motions
seeking to limit discovery and facilitating the disposition by the Court
of any disputes that may arise in connection with discovery.
NOW, THEREFORE, subject to the approval of the Court, it is hereby
stipulated and agreed, by and between the parties, through their
respective counsel, as follows:
The following definitions shall apply to this Protective Order:
a. The "Action" shall mean and refer to the above-captioned matter and
to all actions now or later consolidated with the Action, and any appeal
from the Action, and from any other action consolidated at any time under
the above-captioned matter, through final judgment.
b. "Confidential Document" shall mean any document that any Designating
Party (as defined below) designates as "Confidential" or "Confidential
Attorneys' Eyes Only" in the manner set forth in this Protective
Order; provided, however, that by agreeing to this Protective Order, no party waives the right to challenge any other party's
designation of any document as "Confidential" or "Confidential
Attorneys' Eyes Only."
c. "Confidential Information" shall mean any information not made
available to the general public that concerns or relates to trade secret,
business, financial, and/or personal information.
d. "Designating Party" shall mean any party in this Action designating
information or a document as "Confidential" or "Confidential
Attorneys' Eyes Only."
e. "Receiving Party" shall mean any party in this Action receiving
Confidential Documents or Confidential Information of a Designating
Party. A Receiving Party may be a co-Plaintiff with the Designating
f. "Legend" as used herein shall mean a stamp or similar insignia
stating "Confidential" or "Confidential Attorneys' Eyes Only," or
other appropriate term or terms identifying the level of confidentiality
of the document.
g. When reference is made in this Protective Order to any document, the
singular shall include the plural, and plural shall include the singular.
2. DESIGNATION OF DOCUMENTS
a. The Designating Party may designate a document as "Confidential" or
"Confidential Attorneys' Eyes Only" by affixing the appropriate
Legend to all copies of the document at the time of production. Except as
provided herein, the Designating Party must make document designations at
the time of production or within fourteen (14) days of the entry of this
Protective Order, whichever is later.
b. A party may designate as "Confidential" or "Confidential
Attorneys' Eyes Only" a document produced by someone else by informing in
writing all parties the control number of such document within seven (7)
days of that party's receipt of the document or within seven (7) days of
the entry of this Protective Order, whichever is later.
c. All parties receiving written notice of such designation shall affix
the appropriate Legend to all pages of any copy or copies of such
document in their possession. d. Any party may designate a deposition or hearing transcript (or any
portion thereof or exhibit thereto) as "Confidential" or "Confidential
Attorneys' Eyes Only" by: (i) making such designation on the
record during the deposition or hearing (in which case the stenographer
shall affix the appropriate Legend to the cover page and all designated
pages of the transcript and all copies thereof); or (ii) informing
counsel for all other parties of such designation in writing within seven
(7) days after receipt of the ...