[Assigned to Judge S. James Otero]
[Discovery Document: Referred to Magistrate Judge John E. McDermott.]
STIPULATED PROTECTIVE ORDER
The Court recognizes that at least some of the documents and information ("materials") being sought through discovery in the above-captioned action are, for competitive reasons, normally kept confidential by the parties. The parties have agreed to be bound by the terms of this Protective Order ("Order") in this action.
The materials to be exchanged throughout the course of the litigation between the parties may contain trade secret or other confidential research, technical, cost, price, marketing or other commercial information, as is contemplated by Federal Rule of Civil Procedure 26(c)(1). The purpose of this Order is to protect the confidentiality of such materials as much as practical during the litigation.
IT IS THEREFORE ORDERED THAT:
Even after the termination in this litigation, the confidentiality obligations imposed by this Order shall remain in effect until the parties agree otherwise in writing or the Court so directs.
1. The term "Confidential Information" shall mean and include highly sensitive, proprietary or trade-secret information contained or disclosed in any materials, including documents, portions of documents, answers to interrogatories, responses to requests for admissions, trial testimony, deposition testimony, and transcripts of trial testimony and depositions, including data, summaries, and compilations derived therefrom that is deemed to be Confidential Information by any party to which it belongs.
2. The term "Materials" shall include, but shall not be limited to: documents; correspondence; memoranda; bulletins; blueprints; specifications; customer lists or other material that identify customers or potential customers; price lists or schedules or other matter identifying pricing; minutes; telegrams; letters; statements; cancelled checks; contracts; invoices; drafts; books of account; worksheets; notes of conversations; desk diaries; appointment books; expense accounts; recordings; photographs; motion pictures; compilations from which information can be obtained and translated into reasonably usable form through detection devices; sketches; drawings; notes (including laboratory notebooks and records); reports; instructions; disclosures; other writings; models and prototypes and other physical objects.
3. The term "Counsel" shall mean outside counsel of record, and other attorneys, paralegals, secretaries, and other support staff employed in the law firms identified below: Wu & Cheung, LLP for plaintiff Hsiao & Montano, Inc. dba Odyssey Innovative Designs; and Buchalter Nemer, APC for Defendants Marathon Professional Corporation and Six Star D.J., Inc.
4. The terms "parties" or "party" means any party to this action, including its directors, officers, and control group management employees. Notwithstanding the foregoing definition, should any confidential information become inadvertently disclosed to any of the party's employees and agents other than the aforementioned, the receiving employee or agent shall abide by the terms of this Order.
5. Each party to this litigation that produces or discloses any materials, answers to interrogatories, responses to requests for admission, trial testimony, deposition testimony, and transcripts of trial testimony and depositions, or information that the producing party believes should be subject to this Order may designate the same as "CONFIDENTIAL" or "CONFIDENTIAL - FOR COUNSEL ONLY."
a. Designation as "CONFIDENTIAL": Any party may designate information as "CONFIDENTIAL" only if, in the good faith belief of such party and its counsel, the unrestricted disclosure of such information could be potentially prejudicial to the business or operations of such party.
b. Designation as "CONFIDENTIAL - FOR COUNSEL ONLY": Any party may designate information as "CONFIDENTIAL - FOR COUNSEL ONLY" only if, in the good faith belief of such party and its counsel, the information is among that considered to be most sensitive by the party, including but not limited to trade secret or other confidential research, development, financial or other commercial information.
6. "The documents to be protected shall be specifically described and identified. The paragraph containing the statement of good cause should be preceded by the phrase: "GOOD CAUSE STATEMENT." The parties shall articulate, for each document or category of documents they seek to protect, the specific prejudice or harm that will result if no protective order is entered." Edwards v. County of Los Angeles, 2009 WL 4707996 (C.D. Cal 2009)(citing Foltz v. State Farm Mut. Auto Ins. Co., 331 F.3d 1122, 1130 (9th Cir. 2003).
7. In the current matter, good cause exists forthe designation of certain information as "CONFIDENTIAL - FOR COUNSEL ONLY" when it has not been made public and ...