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Crew Knitwear, Inc v. U.S. Textile Printing

April 9, 2009

CREW KNITWEAR, INC, PLAINTIFF,
v.
U.S. TEXTILE PRINTING, INC., A CALIFORNIA CORPORATION, YOUNG JIN TEXTILE PRINTING, A BUSINESS ENTITY OF UNKNOWN FORM; GLOBE APPAREL, INC., A CALIFORNIA CORPORATION; UNO CLOTHING, INC., A CALIFORNIA CORPORATION; JULIE'S CLOSET, A BUSINESS ENTITY OF UNKNOWN FORM, DEFENDANTS



The opinion of the court was delivered by: Otis D. Wright, U.S. District Judge

[Consolidated for purpose of discovery with Case No. CV08-04139 ODW (SSx)]

STIPULATED PROTECTIVE ORDER RE CONFIDENTIAL DISCOVERY MATERIAL [F.R.C.P. Rule 26(c)]

GOOD CAUSE STATEMENT

This matter arises from Plaintiff's claims against Defendants, some of whom are claimed to be direct competitors of Crew Knitwear, Inc., for alleged violations of state and federal anti-trust laws, invalidity of certain copyrights which Defendants U.S. Textile Printing, Inc. and Young Jin Textile Printing have asserted, and related state law claims. In the consolidated matter of U.S. Textile Printing, Inc. v. Crew Knitwear, Inc., et al. (USDC Case No.CV08-04139 ODW (SSx)), U.S. Textile Printing, Inc. has asserted claims for Copyright Infringement. As such, the discovery and pretrial phase of this action will involve the disclosure of the parties' respective trade secrets and other confidential and proprietary business, technical and financial information. Such information will likely take the form of such things as strategic corporate plans; trade secrets; customer-specific evaluations or data; personnel files; information subject to confidentiality or non-disclosure agreements; proprietary technical or engineering information; proprietary financial data or projections; and proprietary consumer, customer or market research.

The unauthorized disclosure of any of the aforementioned information would substantially harm and prejudice the legitimate commercial or privacy interests of the party whose confidential information was disclosed. Accordingly, good cause exists for the Court's entry of the parties' attached Stipulated Protective Order. See Foltz v. State Farm Mutual Auto Insurance Company, 331 F.3d 1122 (9th Cir. 2003); Phillips v. General Motors Corporation, 307 F.3d 1206 (9th Cir. 2002).

The parties hereto, Crew Knitwear Inc., U.S Textile Printing, Inc., Young Jin Textile Printing, Uno Clothing, Inc., Globe Apparel, Inc., and Julie's Closet, through their respective attorneys of record, that a Protective Order Governing Confidential Material ("Protective Order") including without limitation, any document, information, testimony, electronic systems, software, software and information passwords, customer information (including names, e-mail addresses, credit card information, log-in names, and customer passwords), computer information (including computer data, passwords, and files), reports relating to the parties' financial information, business information and information regarding the parties' dealings and relationships with third parties (including banks, accountants, vendors, and off-site programmers), responses to requests to produce documents or other things, responses to interrogatories, responses to requests for admissions, deposition testimony and exhibits, or other things furnished by any party, including third parties, to any other party in connection with the discovery and pretrial phases of this action should be issued. The above list also includes all copies, extracts, summaries, compilations, designations, and is collectively referred to herein as "Information"). Accordingly, pursuant to Federal Rules of Civil Procedure ("FRCP"), Rule 26(c):

THEREFORE, IT IS HEREBY ORDERED that:

1."Matter" means the matter captioned Crew Knitwear, Inc. v. U.S. Textile Printing, Inc., et al, case number USDC CV 07-07658 ODW (SSx), which has been consolidated for purposes of discovery only with U.S. Textile Printing, Inc. v. Crew Knitwear, Inc., et al. (USDC Case No. No.CV08-04139 ODW (SSx)), before the United States District Court, Central District of California, and all subsequent appellate or other review proceedings related thereto.

2. "Outside Counsel" means the law firms that are counsel of record for any party in this Matter and their associated attorneys; or other persons regularly employed by such law firms including legal assistants, clerical staff and information management personnel and temporary personnel retained by such law firm(s) to perform legal or clerical duties, or to provide logistical litigation support with regard to this Matter; provided that any attorney associated with Outside Counsel shall not be a director, officer or employee of any party. The term Outside Counsel does not include persons retained as consultants or experts for the purposes of this Matter.

3. "Producing Party"means a party or third party that produced or intends to produce Confidential Discovery Material to any of the parties.

4. "Expert/Consultant"means experts or other persons who are retained to assist any party's counsel in preparation for trial or to give testimony at trial.

5. "Document"means the complete original or a true, correct and complete copy and any non-identical copies of any written or graphic matter, no matter how produced, recorded, stored or reproduced, including, but not limited to, any writing, letter, envelope, telegraph meeting minute, memorandum statement, affidavit, declaration, book, record, survey, map, study, handwritten note, working paper, chart, index, tabulation, graph, tariff tape, data sheet, data processing card, printout, microfilm, index, computer readable media or other electronically stored data, appointment book, diary, diary entry, calendar, desk pad, telephone message slip, note of interview or communication or any other data compilation, including all drafts of all such documents. "Document" also includes every writing, drawing, graph, chart, photograph, phono record, tape, compact disk, video tape, and other data compilations from which information can be obtained; and includes all drafts and all copies of every such writing or record that contain any commentary, notes, or marking whatsoever not appearing on the original.

6. "Discovery Material"includes without limitation deposition testimony, deposition exhibits, interrogatory responses, admissions, affidavits, declarations, documents produced pursuant to compulsory process or voluntarily in lieu thereof, and any other documents or information produced or given to one party by another party or by a third party in connection with discovery in this Matter.

7. "Confidential Discovery Material"means all Discovery Material that is designated by a Producing Party as confidential and that is covered by Section 26(c)(7) of the Federal Rules of Civil Procedure and precedents thereunder. Confidential Discovery Material shall include non-public commercial information, the disclosure of which to any third parties would cause substantial commercial harm or personal embarrassment to the disclosing party. The following is a non-exhaustive list of examples of information that likely will qualify for treatment as Confidential Discovery Material: strategic plans (involving pricing, marketing, research and development, product roadmaps, corporate alliances, or mergers and acquisitions) that have not been fully implemented or revealed to the public; trade secrets; customer-specific evaluations or data (e.g., prices, volumes, or revenues); personnel files and evaluations; information subject to confidentiality or non-disclosure agreements; proprietary technical or engineering information; proprietary financial data or projections; and proprietary consumer, customer or market research or analyses applicable to current or future market conditions, the disclosure of which could reveal Confidential Discovery Material.

IT IS FURTHER ORDERED, that:

1. Designation of Confidential Discovery Material. The producing party may designate Confidential Discovery Material by stamping or affixing to the physical objects or documents or tangible embodiment of Information, a legend which includes the following language:

(a) For written material, documents, computerized data or technology, or tangible items, the designation of "Confidential Discovery Material" will be made when the qualified recipient (as defined in paragraph 3, below) is provided a copy of the writing or thing;

(b) For non-written material, documents, or tangible items, or Discovery Material that cannot be conveniently designated as set forth in this paragraph, the producing party will designate the Confidential Discovery Material by written notice to the receiving party when the Confidential Discovery Material is produced.

2. Party's Own Information. Nothing herein shall prevent a party from using or disclosing its own documents or Information. Nothing herein shall prevent the parties from mutually agreeing to the use or disclosure of Information that has been designated as Confidential Discovery Material, other than as permitted by this Stipulated Protective Order.

3. Persons Authorized to Receive Confidential Discovery Material. For purposes of this Stipulated Protective Order, the term "qualified recipient" shall mean, with respect to Confidential Discovery Material that is designated as "Confidential Discovery Material", the following:

(a) Outside Counsel of record for the parties in this action, and other attorneys, clerical, paralegal and other staff employed by such outside counsel;

(b) Independent consultants, investigators, or experts retained by a party for the prosecution or defenses of this action, provided that they agree in advance to be bound by the terms of this Stipulated Protective Order and sign the Agreement to be bound by this ...


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