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Ward v. Cadbury Schweppes Bottling Group

January 19, 2010




The Parties, by and through their respective counsel, hereby agree and stipulate as follows:

1. Scope of Order. This Joint Stipulation and Protective Order Re Confidential Information ("Stipulated Protective Order") governs the handling of all material produced, given, or filed during discovery or other proceedings in this action. The provisions of this Stipulated Protective Order shall apply to the Parties in this action, and any other Person producing, receiving, or disclosing Material in this action.

2. Definitions.

(a) As a general guideline, Materials designated as "Confidential" shall be those things that may be disclosed to the Parties for purposes of this litigation, but which must be protected from disclosure to third parties. Absent a specific order from this Court, Materials designated as "Confidential" shall be used by the Parties solely in connection with this litigation or other litigations, administrative proceedings and the like between any plaintiff, on the one hand, and defendants, on the other, and not for any other litigations or proceedings or any business, competitive, or governmental purpose or function, and such Materials shall not be disclosed to anyone except as provided herein.

(b) "Protected Material" means any type or classification of Material that is designated as "Confidential" by the producing person and that contains trade secrets, future business plans, information regarding products not released or announced to the public, nonpublic proprietary product development information, customer lists, nonpublic financial information, nonpublic business operations information of a confidential nature, personnel information in an employee's confidential employment file, and/or information protected by the right to privacy. Publicly available information is not Protected Material. The Parties cannot reasonably anticipate all information that will be requested and produced in this action, and they therefore reserve the right to designate as Protected Material any document or category of information that they in good faith believe is entitled to the designation pursuant to the standards of F. R. Civ. P. 26(c) even if it is not expressly mentioned in the definition above.

(c) "Confidential Information" means any information contained in Protected Material, as defined above, and only the limited portions of briefs, memoranda, exhibits, or testimony, or the limited portions of any other writing filed with the Court that mentions, discusses, or refers to any Protected Material.

(d) "Material" means papers, documents, tapes, testimony, and other information produced, given, or filed during discovery or other proceedings in this action, including, but not limited to, answers to interrogatories, responses to requests for admissions, deposition testimony, information provided during any settlement discussions, and all copies, excerpts, summaries, and information derived from any such papers or documents.

(e) "Person" means a natural person, firm, association, organization, partnership, business, public entity, or other person acting on behalf of such person.

(f) "Party" or "Parties" means Plaintiffs Robert M. Ward, Robert E. Jones, Jose M. Valadez, Leonard Talton, Gary Suhay and Alfonso W. January, and Defendants The American Bottling Company (sued erroneously as American Bottling Company), for itself and as successor in interest by merger to Cadbury Schweppes Bottling Group, Inc. (sued erroneously as Cadbury Schweppes Bottling Group) and Seven-Up/RC Bottling Company of Southern California, Inc. (sued erroneously as 7-UP/RC Bottling Company of Southern California), and Dr Pepper Snapple Group, Inc. (sued erroneously as Dr. Pepper Snapple Group) (including anyone else acting upon their behalf or at their direction or control), or any other Person who is joined in this action as a party.

(g) "Producing Person" means any Person, as defined above, producing or disclosing Material in this action.

(h) "Discovering Party" means any Party that requests and receives Materials in this action through the discovery process.

3. Designation of Protected Material. A Producing Party may designate Discovery Material as "Confidential" in the following manner:

(a) Designation of Documents: Any document (defined herein as including, but not limited to: exhibits, documents and things (including computer diskettes and other storage media) produced in response to discovery requests, interrogatory responses, responses to requests for admission, motions, briefs, memoranda, and copies of any of the foregoing) produced or given by any Producing Person during discovery, hearings, or trial in this case which sets forth or contains any Confidential Information may be so designated by affixing the legend "Confidential" on each page containing Confidential Information at the time such document is produced or provided, or as soon thereafter as the Producing Person seeking protection becomes aware of the confidential nature of the document. In addition, even if a party fails to affix "Confidential" to a particular document that it produces in this action, if such document was treated by the parties as "Confidential" pursuant to Section 5 of their Application Services Provider Customer Agreement, or if it would have been treated by the parties as such, the document in question shall be protected as "Confidential" and maintained as Confidential Information in accordance with the terms of this Protective Order (so as to minimize the burden on the parties when producing materials that are potentially relevant to this action).

(b) Designation of Deposition Testimony: Deposition testimony may be designated "Confidential" by oral designation on the record, or within five (5) days after the transcript of such deposition is mailed (via overnight mail) to the designating Person. The designating Person shall instruct the court reporter to separately bind the portions of the deposition transcript so designated, and to stamp the word "Confidential" on each designated page of the transcript. Pending expiration of this ...

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