The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
UPON CONSIDERATION of the Stipulation to Agreed Protective Order, it is this 15th day of October, 2009 by the United States District Court for the Eastern District of California ORDERED that the following provisions will control information disclosed in this action:
1. "Confidential material" means contents of written or electronically-maintained documents, admissions, deposition testimony, transcripts, interrogatory answers, correspondence, reports, data, affidavits, documents produced by any party in response to informal discovery requests or other material when designated in good faith by either party as "Confidential", including copies, notes or summaries thereof. It also includes material Stroman Realty, Inc., designated as "Confidential" in any State, administrative, or Federal Court proceeding and that plaintiff obtained from another party to that proceeding.
2. Material may be designated as "Confidential" when it is reasonably believed that such material contains confidential information, including a party's trade secrets, commercial research or proprietary data, or information from which a third-party could derive a competitive advantage with respect to the party's business affairs, including current or prospective business plans, market analyses, current or prospective pricing, internal strategy, marketing or proprietary planning processes, costs, income data, business and financial information and reports.
3. Confidential information may be disclosed only after complying with the terms of this order and only to:
a. Litigation counsel and their paralegals, administrative assistants, secretaries and staff employed, including employees and officials of the California Department of Real Estate, in the preparation for and in the trial of this action;
b. People notified of their depositions or designated as trial witnesses to the extent reasonably necessary to prepare for trial;
c. Court reporters employed in connection with this case; and
d. Experts retained to testify in this matter and their staff.
4. Confidential material may only be used in connection with this case, including any appeal or petition for writ of certiorari.
5. Before disclosure is made, the recipient of the information must read and sign the form attached hereto as Appendix A.
6. Testimony given at a deposition may be designated as confidential at the time the answer is given or within twenty (20) days of receipt of the transcript.
7. Material designated as confidential must be marked "Confidential: USDC" on its face. The documents may be stamped before the disclosure or after the selection of documents by the recipient for copying.
8. If a party objects to a designation as confidential, the party must notify the disclosing party within twenty (20) days of receiving notice of the designation, after which the parties will attempt to resolve the dispute on an informal basis. The party designating the material as confidential must respond to the objection within five business days. If the dispute is not resolved to the objecting party's satisfaction, the objecting party may apply to the Court for an order that the disputed material not be designated as confidential. ...