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Rodriguez v. Carefusion Corp.

January 19, 2010

EDEN RODRIGUEZ, PLAINTIFF,
v.
CAREFUSION CORPORATION; CARDINAL HEALTH, INC.; PYXIS CORPORATION; CARDINAL HEALTH ALARIS PRODUCTS; AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Nita L. Stormes U.S. Magistrate Judge

ORDER GRANTING JOINT MOTION FOR STIPULATED PROTECTIVE ORDER [Doc. No. 7]

For good cause shown, the court GRANTS the parties' joint motion to enter a protective order, and enters the stipulated protective order subject to the modification in paragraph 28.

Upon agreement of counsel and deeming it just and proper to do so, it is hereby ordered that: 1. This Protective Order shall govern the use and dissemination of all information, documents, and/or materials as may be produced by the parties and/or admitted into evidence during deposition or trial within the above-captioned action.

2. Discovery in this action may involve disclosure of trade secrets, confidential research, development or commercial information, proprietary materials including manuals, business strategies, financial data, client and vendor information, marketing plans, medical information pertaining to any party, confidential employee and salary information, computer software programs, and other confidential, proprietary or non-public business, technical, employee, and financial information as is contemplated by Federal Rule of Civil Procedure 26(c)(7). This Stipulation and Protective Order shall govern the production in this action of all documents or other information through formal discovery procedures, including, without limitation, documents in written or electronic form produced as initial disclosures, in response to requests for production of documents, answers to special interrogatories, requests for admission, and deposition or other oral testimony (collectively "Discovery Materials"). This may include but shall not be limited to correspondence, memoranda, notes, deposition transcripts and exhibits, business plans, training materials, policies and procedures, financial records, requisition files, personnel records, medical records, marketing materials, third-party contracts, income tax returns, sales invoices and other sales information.

3. This Order is entered solely for the purpose of facilitating the exchange of documents and information between the parties to this action without involving the Court unnecessarily in the process. Nothing in this Order or the production of any information or documents under the terms of this Order or any proceedings pursuant to this Order shall be deemed to have the effect of an admission or waiver by either party on the merits of this action.

4. Nothing in this Protective Order shall be deemed to restrict in any manner the use by any party of any information in its own documents and materials.

5. The term "counsel" or "attorney" shall mean outside counsel of record, and other attorneys, paralegals, secretaries, and other support staff employed in the law firms identified below:

Law Offices of Suzy C. Moore, 4730 3rd St., Suite B, La Mesa, CA 91941 Wilson Turner Kosmo LLP, 550 West C St., Suite 1050 San Diego, CA 92101 "Counsel" or "attorney" shall also include in-house attorneys for Defendant.

CONFIDENTIAL INFORMATION

6. Any document, thing, material, testimony, or other information derived therefrom, and any other form of evidence which, in the good-faith opinion of the party providing such discovery material ("Producing Party"), contains any trade secret or other confidential or proprietary information or any information that involves privacy concerns regarding any third party, any party or the employee, officer, director or representative of a party may be designated by the Producing Party as "CONFIDENTIAL INFORMATION." Confidential Information, designated as such in accordance with this Stipulation and Protective Order, shall be used by the party who has propounded the discovery request seeking the Confidential Information ("Requesting Party") only for the purposes of preparation of this matter for trial and may be disclosed or made available only to persons specified in paragraph 9 herein.

7. Confidential Information may be identified and made subject to this Order as follows: (a) with respect to documents or copies of documents provided by one party to the other, by marking the initial page and any page or pages upon which any Confidential Information appears with the legend "CONFIDENTIAL. SUBJECT TO PROTECTIVE ORDER."

(b) testimony or information disclosed at a deposition, conference or hearing may be designated by a party as Confidential Information by indicating on the record at the deposition, conference or hearing the specific testimony which contains Confidential Information that is to be made subject to the provisions of this Order. Alternatively, a party may designate testimony or information disclosed at a deposition or other proceeding as Confidential Information by notifying all parties in writing within thirty (30) days of receipt of the transcript (or within a shorter time as agreed by the parties in the event the deposition transcript or information cannot be received thirty (30) days prior to a hearing or conference, at which a party intends to use the transcript or information), of the specific pages and lines of the transcripts that are to be designated Confidential Information. Each party shall attach a copy of such written statement to the face of the transcript and each copy thereof in its possession, custody or control. Whether or not designation is made at the time of a deposition or other proceeding, all depositions or other transcripts shall be treated as Confidential Information from the taking of the deposition or other proceeding until within thirty (30) days of receipt of the transcript (or within a shorter time as agreed by the parties in the event the deposition transcript or information cannot be received thirty (30) days prior to a hearing, or conference at which a party intends to use the transcript or information), or until receipt of the notice referred to in this paragraph, whichever occurs sooner.

(c) in the case of responses to interrogatories, responses to other discovery requests, affidavits, briefs, memoranda or other papers filed with the Court, information contained therein may be designated as Confidential Information by prominently marking such papers "CONFIDENTIAL";

(d) tangible objects may be designated as Confidential Information by affixing to the object or its container a label or tag marked "CONFIDENTIAL. SUBJECT TO PROTECTIVE ORDER."

8. Notwithstanding the foregoing, any employee, agent, advisor, representative or person affiliated with a party who is not qualified to receive Confidential Information under Paragraph 9 herein may attend a deposition or other proceeding at which Confidential Information may be disclosed. In such event, a party seeking to designate Confidential Information must designate the specific testimony or information containing Confidential Information by indicating on the record at the deposition or other proceeding that such Confidential Information is subject to the provisions of this Order. The party making such designation shall have the right to exclude such persons from the deposition or other proceeding only during the period any Confidential Information is disclosed or discussed.

9. Confidential Information produced pursuant to this Order to Requesting Party may be disclosed or made available by that party only to:

(a) the Requesting Party (and their officers, directors, managing agents or other representatives who are engaged in or are assisting in the preparation of this action for trial or other resolution, except as otherwise provided ...


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