The opinion of the court was delivered by: Hon. Oswald Parada
Hearing Date: N/A Hearing
Time: N/A Dept. No.: Courtroom 3
IT IS HEREBY STIPULATED AND AGREED by Plaintiff and Cross-Defendant FJ ASIA CO. LTD.; Cross-Defendants FJ ASSOCIATES and FITJOY SOURCING & DEVELOPMENT CO. LTD.; Defendant and Cross-Complainant FLUIDITY FITNESS, LLC; Defendant FLUIDITY ENTERPRISES, INC. and Defendant MICHELLE AUSTIN (collectively, the "Parties"), through their respective attorneys of record, that the following [proposed] Protective Order should govern the handling of documents, deposition transcripts, discovery responses and other materials filed, produced or otherwise disclosed in the above-captioned matter ("Case Material"):
1.Designation of Confidential and/or Attorney's Eyes Only Material
Designation of any Case Material as confidential or for attorneys' eyes only shall be made by placing or affixing on the document or other material in a manner which will not interfere with its legibility the word "CONFIDENTIAL" and/or "ATTORNEY'S EYES ONLY."
a. Case Material may only be designated as "CONFIDENTIAL" when the designating party in good faith believes it constitutes, reflects or contains non-public financial, personal, or business information ("Confidential Material"). Except as provided herein, and to the extent possible, the designation of Case Material as confidential shall be made prior to, or contemporaneously with, the production or disclosure of that material.
b. Case Material of a highly confidential and/or proprietary nature, such as Case Material which constitutes, reflects or discloses trade secret information of the designating party, and which the designating party wishes to maintain in confidence ("Attorney's Eyes Only Material"), may in good faith be marked as "ATTORNEY'S EYES ONLY". Attorney's Eyes Only Material, and the information contained therein, shall be disclosed only as set forth in paragraph 6 below.
c. Information that is in the public domain shall not be designated as Attorney's Eyes Only Information.
d. In the event that confidential Case Material is inadvertently not designated as Confidential Material or Attorney's Eyes Only Material, the receiving party, upon notice from the originating party, will designate and treat the material as Confidential Material (or Attorneys' Eyes Only Material, as appropriate) from that point forward.
2. Deposition Transcripts and Videotapes
(a) Portions of depositions of a party's present and former officers, directors, employees, agents, experts, and representatives shall be deemed Confidential Material or Attorney's Eyes Only Material if they are designated as such when the deposition is taken.
(b) Any portion of any deposition that uses or refers to Confidential Material or Attorney's Eyes Only Material shall automatically be deemed as such without the ...