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Munoz v. J.C. Penney Corporation

July 29, 2009

JOSHUA MUNOZ, INDIVIDUALLY, AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED, PLAINTIFF,
v.
J.C. PENNEY CORPORATION, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Hon. Victor B. Kenton United States Magistrate Judge

CLASS ACTION

PROTECTIVE ORDER

Date Action Filed: May 19, 2008 Discovery Cut-Off: February 15, 2010 Pretrial-Conference: April 12, 2010 Trial Date: May 4, 2010

1. PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action may involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted. Furthermore, the Parties desire to memorialize their agreement regarding inadvertent production of privileged materials and/or materials protected by the attorney work product doctrine.

2. DEFINITIONS

2.1 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and outside counsel (and their support staff).

2.2 Disclosure or Discovery Material: all items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, documents, electronic data, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.

2.3 Confidential Information and/or Items: information (regardless of how generated, stored or maintained) or tangible things that: (a) reveal trade secrets*fn1 and/or proprietary information regarding Defendants, or any parent or affiliates; (b) reveal personal and/or confidential information about any third party, including such types of information as are protected by the California constitutional right of privacy; and/or (c) otherwise qualify for protection under standards developed under Rule 26(c) of the Federal Rules of Civil Procedure and are designated "CONFIDENTIAL" by the Producing Party.

2.4 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.

2.5 Producing Party: a Party or non-party that produces Disclosure or Discovery Material in this action.

2.6 Designating Party: a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL."

2.7 Privileged Material: all items or information, or portions of items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter that are subject to the attorney-client privilege and/or the attorney work product doctrine.

2.8 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL."

2.9 Outside Counsel: attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action (as well as their internal support staffs).

2.10 House Counsel: attorneys who are employees of a Party (as well as their internal support staffs).

2.11 Counsel (without qualifier): Outside Counsel and House Counsel (as well as their support staffs).

2.12 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action. This definition includes a professional jury or trial consultant retained in connection with this litigation.

2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.

3. SCOPE

The protections conferred by the Protective Order cover not only Protected Material (as defined above), but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by the Parties or counsel to or in court or in other settings that might reveal Protected Material.

All Court orders will be presumptively available to the public. If a Party files evidence under seal pursuant to Paragraph 10 of the Order, all papers that refer to or rely upon such evidence shall designate the particular aspects that are confidential. This will enable the Court, in drafting orders, to determine whether there is evidence which the Court should attempt not to disclose. Absent such advance notification, the Court will be free to incorporate all such evidence in its written and oral rulings.

In the event that the case proceeds to trial, all of the information filed with the Court that was designated as Protected Material and/or Confidential Information and Items becomes public and will be presumptively available to all members of the public, unless ...


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