The opinion of the court was delivered by: Hon. Manuel L. Real
STIPULATED PROTECTIVE ORDER
Hon. Jacqueline Chooljian
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and subject to the approval of this Court, the parties to this action, Robert Jr., Inc. ("Robert"), and Run Athletics International LLC ("Run Athletics"), through their respective counsel of record, hereby stipulate to the following Protective Order to govern the disclosure of confidential materials and testimony that the parties believe will likely be required in the above-captioned action:
1. In connection with the discovery proceedings in this action, the parties may designate any document, thing, material, testimony or other information derived therefrom, as "Confidential" under the terms of this Protective Order ("Order"). Confidential Information shall mean and include any document (whether in hard copy or computer readable form), thing, deposition testimony, interrogatory answers, responses to request for admissions and/or production, or other information provided in discovery in this action, which contains non-public, confidential or proprietary information, whether personal or business related, that constitutes, reflects, or concerns trade secrets, know how or proprietary data, or business, financial, or commercial information, the disclosure of which (a) may have the effect of causing harm to the competitive position of the person, firm, partnership, corporation, or to the organization from which the information was obtained, or (b) would violate an obligation of confidentiality to a third party, including a court.
2. For purposes of this Protective Order, the term "outside counsel" shall mean partners, of counsel, and associates for the law firms that have been retained by the parties for this case and identified by the Court as Counsel of Record for the case, as well as paralegals, assistants, office clerks, support staff and other individuals employed to assist counsel in preparing the prosecution or defense of this case.
3. Confidential documents shall be so designated by stamping copies of the documents produced to a party with the legend "CONFIDENTIAL" on each page of the document, preferably in the lower margin of the document, or as close thereto as feasible. In the event that only selected pages of a bound multiple-page document are stamped with the "CONFIDENTIAL" legend (e.g., responses to discovery requests), the first page of the bound document shall also be stamped with the "CONFIDENTIAL" legend to prevent accidental disclosure of the Confidential contents of the document.
4. Material designated as Confidential under this Order, the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as Confidential ("Confidential Material") shall be used only for the purpose of the prosecution, defense, or settlement of this action, and for no other purpose. The persons receiving Confidential Material are prohibited from disclosing it to any other person except in conformance with this Order.
5. Confidential Material produced pursuant to this Order may be disclosed or made available only to the Court, to outside counsel for a party, and to the "qualified persons" designated as follows:
a. A party, officer, director, in-house counsel, or employee of a party, deemed necessary by outside counsel to aid in the prosecution, defense, or settlement of this action;
b. Independent experts or consultants (together with their clerical staff) retained by such outside counsel to assist in the prosecution, defense, or settlement of this action;
c. Persons who prepared or assisted in the preparation of Confidential Material, or persons to whom such materials were addressed, circulated, or shown (outside the context of this litigation), and deposition witnesses employed by the party claiming confidentiality of the Confidential Material provided that prior to the disclosure, the witness acknowledges in the deposition that he/she would otherwise have access to or knowledge of the Confidential Material to be disclosed in the normal course of their duties;
d. Court reporters employed by any party in this action; e. Judges, law clerks, court reporters, and other clerical personnel of the Court before which this action is pending; and
f. Any other person as to whom the parties agree in writing.
Prior to receiving any Confidential Material, each "qualified person" defined in Subparagraphs a, b, and f above shall be provided with a copy of this Order and shall execute a ...