The opinion of the court was delivered by: Margaret A. Nagle United States District Court Judge
AND RELATED CROSS AND THIRD-PARTY ACTIONS.
STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF MATERIALS EXCHANGED DURING CIVIL DISCOVERY
Based upon the parties' Stipulation And [Proposed] Protective Order Regarding The Confidentiality of Materials Exchanged During Civil Discovery ("Stipulated Protective Order"), filed on February 19, 2010, the terms of the parties' Stipulated Protective Order are adopted as this Court's Order.
The parties are expressly cautioned, however, that this Stipulated Protective Order, in and of itself, creates no entitlement to file under seal information, documents, or things designated as Confidential by the parties. If a Party wishes to file documents with the Court which have been designated Confidential pursuant to this Stipulated Protective Order, such documents shall be filed in accordance with the provisions of L.R. 79-5 of the Local Civil Rules of this Court. In making an application for filing under seal pursuant to L.R. 79-5, the parties should seek to file onlythe confidential portions of such documents under seal, and they must make the appropriate showing to justify filing under seal. See, Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006). Reference to this Stipulated Protective Order or to the parties' designation of any information, document, or thing as Confidential is wholly insufficient to warrant filing under seal. Good cause must be shown to support a filing under seal, and the parties' mere designation of any information, document, or thing as Confidential does not -- without the submission of competent evidence establishing that the material sought to be filed under seal qualifies as confidential, proprietary, trade secret, or private information -- establish good cause.
Further, once a case proceeds to trial, all information that was designated as Confidential and/or kept and maintained pursuant to the terms of a protective order generally becomes public and will be presumptively available to all members of the public, including the press, unless an appropriate showing is made to the District Judge in advance of the trial.
TERMS AND CONDITIONS OF THE STIPULATED PROTECTIVE ORDER
Pursuant to the stipulation of the parties, the Court hereby orders that:
1. Confidential information, as used herein, means any information of any type, kind or character whether it be a document, information contained in a document, information revealed during a deposition, information revealed in an interrogatory answer or otherwise (i) that has not been disclosed to the public, and (ii) where public disclosure of such information is restricted by law, or contains trade secrets, proprietary information, or other commercially-sensitive, confidential information of the Party producing such information (the "producing Party"), including but not limited to information protected by the right of privacy, or information that is protected under California Civil Code Section 3426 et seq. The burden to justify Confidential treatment of information is on the producing Party. However, material designated as "Confidential," the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part therefrom ("Confidential Materials") shall be treated as such (unless and until the Court orders otherwise.)
2. Confidential Materials shall be used only for the limited purpose of the prosecution, defense, or settlement of the Civil Action, and for no other purpose.
3. Confidential Materials shall be so designated by stamping copies of the materials produced with the legend "CONFIDENTIAL." Stamping the legend "CONFIDENTIAL" on the cover of any multi-page document shall designate all pages of the document as confidential, unless otherwise indicated by the producing Party.
4. Information disclosed at (a) the deposition of a Party or one of its present or former officers, directors, employees, agents or independent experts retained by counsel for the purpose of the Civil Action, or (b) the deposition of a third party (which information pertains to a Party), including exhibits, may be designated by any party as "Confidential" by indicating on the record at the deposition that the testimony is "Confidential" and is subject to the provisions of this Protective Order. Any Party may also designate information disclosed at such deposition as "Confidential" by notifying all Parties in writing within thirty (30) days of receipt of the transcript of the specific pages and lines of the transcript which should be treated as "Confidential." All deposition transcripts shall be treated as "Confidential" for a period of thirty (30) days after the receipt of the transcript.
5. Confidential Materials may be disclosed or made available only to:
(a) the Court and its staff;
(b) any certified court reporter who takes testimony or ...