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Merzoian v. Cater Pillar

December 16, 2009


The opinion of the court was delivered by: Manuel L. Real U.S. District Judge



WHEREAS, in recognition of the fact that defendant Caterpillar, Inc. ("Caterpillar") now seeks and may in the future seek from defendant PACCAR INC. ("PACCAR") documents and information which constitute, refer to, or otherwise incorporate trade secrets, and confidential and/or proprietary research, development, or commercial information (hereinafter referred to as the "Documents" and/or "Information"); and

WHEREAS, PACCAR recognizes that certain of such Documents and Information may be subject to discovery from time to time in the course of the litigation of the above-captioned matter (Merzoian v. Caterpillar, Inc. and

PACCAR, INC., United States District Court, Central District of California, Western Division; Case Number: CV09-05366 R (FFMx)) (hereinafter referred to as the "Action");

WHEREAS, PACCAR is aware that although certain unauthorized websites have divulged confidential pricing information of various automobile manufacturers and that although it is possible that pricing information and customer and claims procedures concerning the PACCAR line of vehicles has been disseminated through these websites, at no time has PACCAR authorized the release of their Confidential Documents and Information and they do not do so now.

WHEREAS, the pricing information and customer claims procedure of PACCAR is unique, confidential, and proprietary in nature, and disclosure would adversely affect PACCAR's competitive abilities and business;

NOW THEREFORE, Caterpillar and PACCAR, by and through their attorneys, stipulate and agree to the following:

1. Confidential Documents and Information (hereinafter referred to as "Confidential Documents" or "Confidential Documents and Information") include any documents or information that relate in any manner to pricing and sale information, including, but not limited to, vehicle pricing, warranty pricing, and the subject warranty, as well as any customer, dealer or claims handling reports, procedures, guidelines or manuals.

2. All Confidential Documents produced or disclosed by PACCAR in this Action, whether by volition or pursuant to discovery demand or court order, shall be provided only to Caterpillar, their attorneys, their attorneys' staff and office personnel, and any experts or consultants retained by them or in their employ. Each of those persons is prohibited from disseminating in any fashion, manner or method the Confidential Documents and Information produced herein by the PACCAR, including any summaries or abstracts thereof, outside the context of this litigation in any manner. Each of those persons may use such Confidential Documents and Information within the context of this litigation, including at depositions and at trial per the terms of this Order.

3. No person who examines Documents or Information produced pursuant to this Stipulation and Order shall disseminate orally, in writing or by any other means, any Information derived from such Documents and Information whatsoever to any person not also authorized to examine Documents or items under the terms of this Stipulation.

4. Caterpillar shall maintain a list of all recipients of Documents or Information (including extracts, summaries or digests thereof) (hereinafter referred to as the "List"). If a controversy arises between the parties to this Stipulation in regards to the Stipulation and Order issued pursuant thereto, Caterpillar and Caterpillar's attorney shall file the List with the Court in which this Action is heard and shall cooperate and consent to any attempt to have said List sealed.

5. All Information discovered from examination of said Confidential Documents shall be used only in connection with this Action and shall not be used in connection with any other lawsuit, arbitration, claim, proceeding, or for any other purpose, whatsoever.

6. The production of Confidential Documents and Information shall not constitute a waiver of PACCAR's rights to claim Confidentiality in this Action, or that said Documents or Information are privileged or are otherwise nondiscoverable, nor shall receipt thereof constitute a waiver of ...

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