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Stop staring! Designs v. Tatyana

October 16, 2009

STOP STARING! DESIGNS, A CALIFORNIA CORPORATION, PLAINTIFF,
v.
TATYANA, LLC, A NEVADA CORPORATION D/B/A/ BETTIE PAGE CLOTHING; TATYANA KHOMYAKOVA, AN INDIVIDUAL; JAN GLASER, AN INDIVIDUAL; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: The Honorable Andrew J. Wistrich

DISCOVERY MATTER

JOINT STIPULATION AND PROTECTIVE ORDER

JOINT STIPULATION

Plaintiff STOP STARING! DESIGNS, and Defendants TATYANA, LLC d/b/a/ BETTIE PAGE CLOTHING, TATYANA KHOMYAKOVA, and JAN GLASER, Case Number CV09-02014 DSF (AJWx), jointly stipulate to be governed in this action by the protective order set forth below and jointly request that the Court enter an order containing those terms.

Good cause exists for the entry of a protective order, as disclosure of the parties' Confidential Information (as that term is defined below) would cause substantial financial and business harm to the parties. The parties maintain confidential information and documents concerning, inter alia, pricing, manufacturing, sales, costs of goods, customer and supplier lists, profits and other financial subjects, marketing, ideas for new products, research and development. Plaintiff has alleged in this action that Defendants have misappropriated Plaintiff's trade secrets, and the parties have alleged other claims and defenses that may necessitate the discovery of Confidential Information.

Public disclosure of the parties' Confidential Information (as defined below) may provide third-party competitors with a significant unfair advantage vis-à-vis the parties to this Action. The parties themselves are competitors, and therefore disclosure of certain forms of Confidential Information to each other may result in harm to the parties and their businesses. Thus, absent a protective order that facilitates confidential discovery, the parties would likely suffer significant financial and business losses.

The parties therefore jointly stipulate to and request that the Court enter the following protective order.

PROTECTIVE ORDER

The Court, finding that the order requested by the undersigned parties is proper and desirable in the circumstances of this case, and good cause appearing therefore, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, makes the following Order for the benefit of all parties and witnesses to govern the course of the proceedings in this case:

1. The following definitions shall apply to this Order:

(a) "Confidential Information" shall mean and refer to any information that has not been made public and the disclosure of which may cause harm to the person or entity from which the information is obtained, including, but not limited to, documents and/or data that is considered in good faith by the designating party to constitute a trade secret (as defined in California Civil Code § 3426.1), confidential information, and/or proprietary business or technical information. The designation made by a party or non-party shall be a certification to the Court and to the other parties that such information is believed in good faith to be confidential within the meaning of this Protective Order.

(b) "Confidential for Attorneys' Eyes Only Information" shall mean and refer to any Confidential Information that is considered in good faith by the designating party to be so highly sensitive that disclosure to persons other than limited and specified individuals could cause undue risk of substantial and immediate injury to the business of the producing party. The designation made by a disclosing party or non-party shall be a certification to the Court and the other parties that such information is believed to be highly sensitive Confidential Information and subject to this more restrictive classification within the meaning of this Protective Order.

(c) "Qualified Persons" entitled to view or receive Confidential Information not designated Confidential for Attorneys' Eyes Only Information shall be limited to:

i. Counsel to any party to the litigation and those employees of the parties' counsel who need to see such Confidential Information in order to perform their jobs, including the paralegals, clerical staff, secretarial staff, and other support personnel employed by such counsel;

ii. Those officers, directors or employees of the parties to this litigation, including their parents, subsidiaries, affiliates and insurers, who are reasonably necessary to assist counsel in this litigation;

iii. Any persons who appear on the face of the Confidential Information as an author, addressee or prior recipient thereof;

iv. Expert witnesses or consultants retained or employed by the parties or their respective attorneys solely for the purpose of assisting counsel in the prosecution, defense or settlement of this Action who have complied with paragraph 2, below, and the ...


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