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Montanez v. Gerber Childrenswear

March 31, 2010

LAURIE M. MONTANEZ AND JEHAN HUGHES, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
GERBER CHILDRENSWEAR, LLC DEFENDANT.



The opinion of the court was delivered by: Hon. David T. Bristow

CLASS ACTION [PROPOSED] PROTECTIVE ORDER REGARDING THE HANDLING OF CONFIDENTIAL DOCUMENTS

Based upon the Agreed Confidentiality Stipulation for Entry of Protective Order submitted by the parties, and good cause appearing therefor, the Court hereby orders as follows:

I. DEFINITIONS

A. The term "Confidential Information" shall mean information, recorded, stored, or maintained for any reason in any medium, including but not limited to print, electronic, or digital, that the party designating the information as "Confidential" reasonably believes to fall within one or more of the following categories of information:

1. "Trade Secrets" within the meaning of California Civil Code § 3426.1, which provides that a trade secret "means information, including a formula, pattern, compilation, program, device, method, technique, or process that: (1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."

2. Research and development information that is of a highly competitive nature and that a reasonably prudent business person in the applicable field would not release to or share outside the company in the ordinary course of business.

3. Personal information of third parties, or information concerning third parties, that the designating party, in good faith, believes is protected from disclosure and cannot be disclosed under applicable state or federal law either without appropriate notice to such third parties, or absent an order by the Court.

4. Information received in confidence from third parties pursuant to the terms of a confidentiality agreement.

5. Information that the producing party otherwise believes in good faith to be entitled to protection under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure.

B. The term "Document(s)" shall collectively refer to any and all material or other tangible things containing information produced by any party in the Action, as well as information that may be produced by any third party concerning a party to the Action, including written responses to discovery and deposition testimony. Without limitation, Document(s) further include(s) any medium by which information is recorded, stored, communicated, or utilized, including papers (of any kind, type, or character) and any method or medium by which information may be communicated, recorded, or retrieved by people or by computers. The word Document(s) includes, without limitation, photographs, x-rays, motion pictures, audio tapes, videotape recordings, computer generated material, computer disks, and any other form or type of computer stored or computer retrievable data, microfilm and microfiche, or any other process by which information is reduced for storage, and duplicates and reproductions of the same by any method.

C. The term "Court" shall refer to the Honorable Dale S. Fischer, so long as Judge Fischer retains jurisdiction over this Action, Magistrate Judge David T. Bristow, so long as he remains assigned to this Action, and any other Magistrate Judge or Special Master designated to hear and decide any dispute that may arise under this Agreement.

II. PROCEDURE FOR DETERMINING STATUS OF CONFIDENTIAL DOCUMENTS

A. All Documents or categories of Documents produced or disclosed that the producing party in good faith believes to contain information that should be subject to this Agreement may be designated "Confidential" by the producing party by marking the document(s) as follows:

CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER Laurie M. Montanez, et al. v. Gerber Childrenswear, LLC

B. In the case of Documents or tangible items, the producing party shall make the appropriate designation at the time it provides the receiving party with a copy of the Document or item. In the case of Confidential Information that is not reduced to documentary, tangible, or physical form, or that cannot be conveniently labeled, the producing party shall designate the Confidential Information by informing the receiving party in writing of the appropriate designation of such material.

C. The designation of a Document or information as Confidential shall not create any presumption with regard to the actual confidentiality of any Document, nor shall it affect the burden of proof necessary for obtaining a Rule 26(c) protective order from the Court. The party designating Documents or any other type of information, materials or items as Confidential bears the burden of establishing their confidentiality.

D. A party shall designate information as Confidential on a good faith basis and not for the purpose of harassing the receiving party or for the purpose of unnecessarily restricting the receiving party's access to information concerning the lawsuit. If counsel for a party receiving Documents designated as Confidential objects to such designation of any or all of such items, the following procedure shall apply:

1. Counsel for the objecting party shall serve on the designating party a written objection to such designation, which shall describe with particularity the Documents or information in question. The objecting party shall state the factual basis for the objection, and ...


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