The opinion of the court was delivered by: Honorable Maxine M. Chesney
STIPULATION AND ORDER FOR PROTECTIVE ORDER REGARDING Complaint Filed: June 30, 2008 Trial Date: October 26, 2009
WHEREAS, plaintiff ORLANDO DELGADO ("Plaintiff") and defendant FEDERAL EXPRESS CORPORATION ("FedEx" or "Defendant") are presently engaged in discovery in the above-captioned case; and
WHEREAS, FedEx has sought or will seek testimony, information and documents that Plaintiff contends contain confidential and private information concerning Plaintiff; and
WHEREAS, FedEx has sought or will seek testimony, information and documents that a third party contends contains confidential and proprietary business information; and
WHEREAS, after engaging in a good faith effort to meet and confer the parties wish to resolve this issue informally;
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT THE COURT MAY, AND HEREBY DOES, ENTER AN ORDER as follows:
1. The following information and documents that reflect such information, which are not generally publicly available and are designated by the Plaintiff as "Confidential," shall be deemed "Confidential Information:"
A. Any documents served in Delgado v. TNT USA, Inc. Case No. CIV 455723 and removed to U.S. District Court, Northern District of California, Case No. C 06-04789 (hereinafter "the TNT action").
B. Any transcripts from hearings or depositions in the TNT action.
C. Any and all settlement agreements made between the parties in the TNT action. [E.M./R.S.]
D. Any and all deposition testimony by Delgado that concerns or relates to the TNT action.
2. Designation of any documents that are deemed "Confidential" shall be made by stamping each page comprising any such document, copy or excerpt thereof with the legend "CONFIDENTIAL" at the time of production.
3. Good cause exists to limit the disclosure of this information and these documents. The documents purport to contain Plaintiff's confidential and private information, including information about his health and financial status, as well as confidential and proprietary information of TNT USA Inc. ("TNT"), in that the information and documents reveal certain business practices of TNT, such as the amount of any settlement to Plaintiff in that lawsuit. As set forth herein, Plaintiff and TNT would suffer irreparable harm if the information and documents were disclosed without the protections set forth in the Stipulation and Order:
4. "Qualified Person" as used herein means: (i) Federal Express Corporation, including its attorneys and employees necessary to assist counsel in the above-captioned action; (ii) any expert consulted by Plaintiff, Defendant or by Plaintiff's or Defendant's attorneys in the preparation of this action for trial; (iii) Plaintiff; (iv) Sudeen, Salinas & Pyle, its partners and ...