The opinion of the court was delivered by: Magistrate Judge Jeffrey W. Johnson
NOTE CHANGES BY THE COURT
Discovery Cutoff: August 7, 2009 Pretrial Conference: November 23, 2009 Trial: December 8, 2009
AND RELATED COUNTERCLAIMS
WHEREAS discovery (including depositions and answers to interrogatories and document requests) in the above-entitled action may involve the production or disclosure of trade secrets; confidential research; or sensitive commercial, financial, or business information by parties to this action; and
WHEREAS it is in the interests of the parties and the Court to expedite the flow of discovery material, facilitate the prompt resolution of disputes over confidentiality, protect adequately material entitled to be kept confidential, and ensure that protection is afforded only to material so entitled, it is, pursuant to the Court's authority under Rule 26(c) of the Federal Rules of Civil Procedure, ORDERED:
1. (a) As used in this Order, the term "discovery material" may encompass all information contained in documents, things, computer data and reports, deposition testimony and exhibits, interrogatory answers, responses to requests for admission, pleadings, motions, briefs, affidavits, and any other written, recorded, computerized electronic, transcribed or graphic matter produced by any party or obtained by any party during discovery in this Action, and any copies thereof.
(b) "Producing party" and "designating party" include any person whether or not a party who provides discovery material.
(c) "Action" means Bryan Callan v. Christian Audigier, Inc., et al., Case No. CV 08-8072 GW (JWJx), pending in the United States District Court for the Central District of California.
2. This Order shall apply to discovery material that has been designated "Confidential" and "Attorneys' Eyes Only" pursuant to this Order.
DESIGNATION OF DISCOVERY MATERIALS
3. Any party or nonparty may designate as "Confidential" or "Attorneys' Eyes Only" in the manner set forth in Paragraphs 4 and 5, infra, discovery materials that have been or will be made available in this action. Discovery material designated "Confidential" and "Attorneys' Eyes Only" shall be collectively referred to as "Confidential Information".
4. A party shall use the designation "Confidential" only with respect to nonpublic discovery materials that the party reasonably and in good faith believes are confidential, proprietary, or which contain or constitute one or more trade secrets.
5. A party shall use the designation "Attorneys' Eyes Only" only with respect to discovery materials that the party reasonably believes qualify as "Confidential" under the terms of this Order, and contain competitively sensitive business or financial information. The designation "Attorneys Eyes Only" may not be used on pictures of items sold by Defendants, or the items themselves. While the designation "Attorneys' Eyes Only" may be used on Defendants' documents containing profitability information, such designation may not be used for profit numbers, in the form maintained by Defendants, on an item-by-item basis. Any such profit numbers produced by Defendants may be used by Plaintiff solely for purposes of discussing with his attorneys settlement of this case and calculation of damages, and for no other purpose.
PERSONS TO WHOM DESIGNATED MATERIALS MAY BE DISCLOSED
6. Discovery material designated "Confidential" may be inspected and disclosed only to the following persons, and may be used by such persons solely for the purposes of this Action and for no other business or other purposes whatsoever:
(a) officers, directors, or employees of the party who are responsible for instructing and/or assisting counsel in the prosecution or defense of this action, provided that such persons shall be given a copy of this Order, advised that they are bound by it, and sign Exhibit A;
(b) outside counsel for the parties in this action;
(c) employees of such counsel engaged in assisting counsel in the preparation of this action, including secretaries, paralegals, and legal assistants;
(d) court officials involved in the action, including court reporters and persons operating video ...