The opinion of the court was delivered by: Hon. Christina A. Snyder United States District Court Judge
STIPULATED PROTECTIVE ORDER NOT LIMITED TO DISCOVERY AND FOR CONSIDERATION BY JUDGE CHRISTINA A. SNYDER
Based on the stipulation of the parties and in recognition of the provisions of Rule 26(c) of the Federal Rules of Civil Procedure which provides for the issuance of protective orders limiting the disclosure of discovered information in appropriate circumstances, and where good cause having been shown: IT IS HEREBY ORDERED THAT:
1. As used herein, "this Litigation" means the above captioned proceeding.
2. The terms and conditions of this Order shall be applicable to and govern information, documents, and other tangible things produced in response to requests for production, answers to interrogatories, responses to requests for admissions, depositions, and all other discovery taken in this Litigation and collectively referred to as the "Discovery Material."
3. Definition of "CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY"
Discovery Material may be designated CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY by the producing party to the extent such Discovery Material includes (a) business plans, (b) financial projections or other financial information, (c) customer identities, (d) market surveys, or (e) the following types of information that is exempt from disclosure under the Freedom of Information Act (5 U.S.C. § 552) or the California Public Records Act (California Govt. Code §§ 6250-6276.48): personal privacy information such as personal contact information and social security numbers. This information, if publicly disseminated, would result in the producing party's competitive disadvantage in the market, as well as the unwarranted invasion of privacy of certain individuals. The foregoing list is without prejudice to a party seeking protection for additional categories from the Court.
4. Designation of Discovery Material
(a) Discovery Material produced or furnished during the course of this Litigation shall be designated as CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY by placing on each page and each thing a designation substantially as follows: CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY.
(b) At a deposition in this Litigation in which it is anticipated that the disclosure of Discovery Material that is CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY has or may be sought, a party may (i) designate the entire transcript for confidential treatment by so stating on the record at any time during the deposition; and (ii) within twenty-one (21) days following issuance of the transcript of such a deposition by the court reporting agency, specifically designate information disclosed at such deposition as CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY by notifying all parties by e-mail service that such party has designated portions of the transcript for such treatment and specifically identifying such portions. To permit sufficient time for review of transcripts for this purpose, all depositions for which a CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY designation was made at the deposition shall be treated as CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY in their entirety until twenty-one (21) days following issuance of the transcript or until such sooner time as the relevant party has identified to the other parties the portions it has designated for confidential treatment. If after twenty-one (21) days following issuance of the transcript, the relevant party has not served notice (as described above) on all parties of those portions of the transcript for which it is claiming CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY treatment, then no such treatment shall be afforded prospectively to such information, subject to the provisions in Paragraph 7 below. In the event that any question is asked at a deposition with respect to which any party asserts that the answer requires the disclosure of information that is CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY, such question shall nonetheless be answered by the witness fully and completely (assuming no assertion of privilege and subject to the right to seek additional protections).
(c) If a receiving party intends to file papers with the Court that would reveal CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY information, that party shall seek leave of court to file those papers under seal, pursuant to Local Rule 79-5. Prior to or concurrent with seeking leave of court, the party making the filing shall confer with the producing party to determine whether the CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY designation can be withdrawn for the material being filed. A receiving party shall similarly seek leave of the appropriate court to file under seal any papers that would reveal CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY information submitted as part of any appeal from this Litigation. The party making the filing shall prepare for filing and for service on persons not entitled to access under this Protective Order a separate copy of any papers filed under seal (including any briefs and/or exhibits thereto) with the CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY information deleted or, if practicable, redacted.
(d) All Discovery Material, including attorney notes and abstracts, which contains another party's information designated CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY shall be handled as if it were designated pursuant to Paragraph 4(a).
(e) A producing party's designation of any Discovery Material as CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY shall also render CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY any copies, excerpts, summaries, or other disclosure (including oral) of the substance or contents of such material.
5. Disclosure and Use of Confidential Information
Discovery Material designated CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY shall be disclosed by the receiving party only to Qualified Recipients; as such term is defined in Paragraph 6. All Qualified Recipients shall hold such Discovery Material received from the producing party in confidence and shall not use it for any purpose not related to the Litigation, including any business or other commercial purpose, and shall not disclose it to any person, except as hereinafter provided. All Discovery Material that has been designated CONFIDENTIAL -- QUALIFIED RECIPIENTS ONLY shall be carefully maintained so as to preclude access by persons who are not qualified to receive such information under the terms of this Order.
6. Definition of "Qualified Recipient"
For purposes of this Order, "Qualified ...