The opinion of the court was delivered by: Hon. James V. Selna
[PROPOSED] PROTECTIVE ORDER FOR DISCOVERY
Pursuant to Federal Rule of Civil Procedure 26 and the stipulation of the parties, and good cause appearing, IT IS HEREBY ORDERED THAT:
1. As used herein, the "Action" shall mean the action entitled Don Henley and Mike Campbell v. Charles S. DeVore and Justin Hart, SACV-09-0481-JVS (RNBx) filed in the Central District of California.
2. All materials and information, including but not limited to documents, electronically-stored information, interrogatory responses or deposition testimony, obtained through discovery in this Action ("Discovery Material"), except publicly available information obtained independent of this Action, shall be used only for the purposes of this Action and not be used, publicized, distributed, or referred to for any other purpose, directly or indirectly.
3. Any party providing any Discovery Material ("Producing Party") that in good faith contends contains information confidential to it and entitled to protection under Rule 26(c) may designate the Discovery Material as "Confidential" or "Attorneys' Eyes Only," as defined below. Except as permitted by further order of a court of competent jurisdiction, such Discovery Materials shall be received by counsel of record for all other parties (each referred to as a "Receiving Party") upon the terms and conditions of this Stipulated Protective Order (the "Protective Order"). Nothing in this Protective Order shall be construed to limit in any way any Producing Party's use of its own Discovery Materials in any manner whatsoever.
4. "Confidential" Material is any Discovery Material, or portions thereof, that constitutes nonpublic, confidential information of a party, including business or campaign information, internal marketing or promotional materials, and other similar non-public information that the Producing Party in good faith believes meets the requirements for the entry of a protective order pursuant to Rule 26(c).
5. "Attorneys' Eyes Only" Material is any Discovery Material, or portions thereof, that constitutes nonpublic, highly confidential information of a party, such as commercially sensitive proprietary information, financial information and personal information, and other similar proprietary or sensitive non-public information that the Producing Party in good faith believes meets the requirements for the entry of a protective order pursuant to Rule 26(c).
6. The designation "Confidential" or "Attorneys' Eyes Only" shall not apply to any Discovery Material that is publicly available independent of this Action and that the Receiving Party has acquired through lawful means.
7. Discovery Material shall be designated "Confidential" or "Attorneys' Eyes Only" in the following ways:
(a) In the case of documents and electronically-stored information, and information contained therein, designation shall be made by placing on the document the legend "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY"; if the item cannot be directly marked, then the item shall be enclosed in packaging that is visibly marked "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY."
(b) In the case of interrogatory answers and the information contained therein, designation shall be made by placing on the pages containing the confidential information the legend "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY."
(c) In producing original files and records for inspection, no marking need be made by the Producing Party in advance of the inspection for the purposes of the inspection. Instead, all documents produced shall be considered as marked "ATTORNEYS' EYES ONLY." Thereafter, upon selection of specified documents for copying by the Receiving Party, the Producing Party shall mark as "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY" the copies of such documents as may contain confidential information at the time the copies are produced to the Receiving Party.
(d) If depositions are conducted that involve confidential information, counsel for the witness or the Producing Party may state, on the record, the portion of the deposition that counsel believes may contain information that should be designated as "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY," and may request that only those individuals who are authorized to have access to such information in accordance with this Protective Order be present during that portion of the deposition. In addition, each party shall have thirty (30) days after receipt of the deposition transcript in which to inform the other parties of the portions of the transcript (by specific page and line reference) to be designated as "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY."
8. The parties shall designate Discovery Material as Confidential or Attorneys' Eyes Only on a good-faith basis and not for purposes of harassing the Receiving Party or unnecessarily restricting the Receiving Party's access to information concerning the Action.
9. Notwithstanding the restrictions of Paragraphs 10 and 11, an attorney qualified to receive Discovery Material designated as Confidential or Attorneys' Eyes Only under this Protective Order shall not be precluded from rendering legal advice to or discussing with her or his client the merits of any issue in this Action provided that the specific substance or content of Discovery Material designated as Confidential or Attorneys' Eyes Only is ...