The opinion of the court was delivered by: The Honorable Marc L. Goldman United States Magistrate Judge
STIPULATED PROTECTIVE ORDER
Complaint Filed: October 28, 2009
WHEREAS, the parties in this action are participants, as either fighters, promoters, advertisers, marketers, sponsors or the like, in the highly competitive business of mixed martial arts (MMA);
WHEREAS, in the course of pre-trial discovery relating to issues of interpretation and enforceability of the parties' agreements, custom and practice, course of performance and trade usage, disclosure has been sought of corporate, marketing, personnel, financial and other business information and communications that contains highly confidential, trade secret, or proprietary information and communications of the parties or non-parties, which said parties or non-parties have taken reasonable steps to maintain as confidential prior to this litigation.
WHEREAS, the parties agree that the disclosures requested by the parties during discovery in this case contain confidential proprietary information that in many cases are protected by trade-secrets and that the parties believe would substantially injure the disclosing party and provide a significant competitive advantage for competitors of the parties, if such competitors, including non-disclosing parties to this litigation, had access to the confidential proprietary information;
WHEREAS, the parties seek to expedite the flow of pre-trial discovery materials, protect the confidentiality of the trade secret and proprietary technical, marketing, personnel, financial and other highly confidential business information contained in the documents, ensure that protection is afforded only to materials so entitled, facilitate the prompt resolution of disputes over confidentiality, and eliminate the need for repeated requests that the Court became directly involved in the discovery process; and
WHEREAS counsel for all parties herein have consented to entry of this Order; IT IS HEREBY ORDERED:
1. (a) As used in this Order, the term "Discovery Material" may encompass all information contained in documents, things, computer data and reports, deposition testimony and exhibits, interrogatory answers, responses to requests for admission, pleadings, motions, briefs, affidavits, and any other written, recorded, computerized electronic, transcribed or graphic matter produced by any party or obtained by any party during discover in this, and any copies thereof.
(b) "Party" means any party to this action, including all of its officers, directors, employees, consultants, retained experts, outside counsel and the support staff of these respective groups.
(c) "Producing Party" and "Designating Party" means any person who provides Discovery Material whether or not a party to this action.
(d) "Receiving Party" means a Party who receives Discovery Materials from a Producing Party.
(e) "Action" means Fedor Emelianenko and M-1 Nederland b.v. v. Affliction Clothing and Affliction Entertainment, LLC, Case No. CV09-07865 MMM (MLGx), pending in the United States District Court for the Central District of California.
(f) "Confidential Designations" means all "Confidential" and "Attorney Eyes Only" designations.
(g) "Protected Material" means any Discovery Material that is or will be designated as "Confidential" or "Attorney Eyes Only".
(h) "Outside trial counsel" means attorneys of record in this action. 2. This Order shall apply to Discovery Material that has been designated "Confidential" and "Attorney Eyes Only" pursuant to this Order.
DESIGNATION OF DISCOVERY MATERIALS
3. Any party or nonparty who in good faith believes that Discovery Material warrants protection under this Stipulated Protective Order may designate that material as "Confidential" or "Attorneys' Eyes Only" in the manner set forth in Paragraphs 4 and 5, infra.
4. A party shall use the designation "Confidential" only with respect to nonpublic Discovery Materials that the party reasonably and in good faith believes are confidential, proprietary, or which contain or constitute one or more trade secrets.
5. A party shall use the designation "Attorneys' Eyes Only" only with respect to Discovery Materials that the party reasonably and in good faith believes qualify as "Confidential" under the terms of this Order, and ...