The opinion of the court was delivered by: Honorable Anthony W. Ishii
STIPULATION AND PROTECTIVE ORDER
U.S. Magistrate Judge Dennis L. Beck
STIPULATION AND [PROPOSED] PROTECTIVE ORDER
Plaintiff Jesse Ray Lucas, Defendants City of Visalia, the Visalia Police Department, Officers Sean O'Rafferty and Carmen Esparza (the "City Defendants"), and Defendant TASER International Incorporated ("TASER") by and through their respective undersigned counsel, hereby stipulate to and respectfully request that the Court enter the following Protective Order Regarding Confidential Information ("Order"), which the parties agree is necessary to safeguard the confidentiality of information, documents and materials ("Protected Material") to be produced and disclosed in the course of and for the limited purposes of prosecuting, defending, attempting to settle, or settling this action. Such Protected Material may be disclosed only under the conditions described in this Protective Order. Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Protective Order.
a. Party. Any party this action, including all of its officers, directors, partners, employees, consultants, Experts, and Counsel.
b. Disclosure or Discovery Material. All items of information, regardless of the medium or manner generated, stored, or maintained (including, among other things, electronic files, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.
c. "Confidential" Information or Items. Non-public technical, commercial, financial, personal, or business information (regardless of how generated, stored or maintained) or tangible things. By way of example, Confidential Information shall include, without limitation: (a) matters of a technical nature, such as materials, models, devices, products, trade secret processes, techniques, data, formulas, inventions (whether or not patentable), specifications and characteristics of products planned or being developed; (b) research subjects, methods and results; (c) matters of a business nature such as information about costs, margins, pricing policies, markets, sales, suppliers, customers, product plans and marketing plans or strategies; (d) medical records, personal financial information, information containing confidential and sensitive matters, employment or personnel files, personal information or information protected by rights of privacy under Article I, Section 1 of the California Constitution or other applicable law, or other proprietary or competitively sensitive information; (f) other information of a similar nature that is not generally disclosed by a Producing Party to the public; and (e) any communications related to the (a) -- (f), above.
d. "Highly Confidential" Information or Items. Any party may designate information or items as "Highly Confidential." The designation of information or items as "Highly Confidential" will require the information to be filed under seal, in accordance with District Court for the Eastern District of California Local Rule 141, or consistent with other procedures adopted by the parties and the Court. Any such Highly Confidential materials filed under seal or lodged conditionally under seal shall remain as such until further order of the Court.
e. Receiving Party. A Party that receives Disclosure or Discovery Material from a Producing Party.
f. Producing Party. A Party or third-party that produces Disclosure or Discovery Material in this action.
g. Designating Party. A Party or third-party that designates information or items that it produces in disclosures or in responses to discovery as "Confidential" or "Highly Confidential."
h. Protected Material. Any Disclosure or Discovery Material that is designated as "Confidential" or "Highly Confidential."
i. Outside Counsel. Attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action.
j. In-House or House Counsel. Attorneys who are employees of a Party.
k. Counsel (Without qualifier). Outside Counsel and House Counsel (as well as their support staffs) of a party.
l. Expert. A person with specialized knowledge or experience in a matter pertinent to the litigation who is retained by a Party or its Counsel to serve as an expert witness or as a consultant in this action. This definition includes, but is not limited to, a professional jury or trial consultant retained in connection with this litigation.
2. The use of the singular form of any word includes the plural, and vice versa.
3. This Order shall govern the conduct of the parties and their attorneys and agents with respect to all designated records of testimony given at any deposition in this action and all designated answers, documents, information, and other discovery materials produced by the parties or any third party, whether informally or in response to interrogatories, requests for admissions or requests for production of documents or subpoenas, now pending or hereafter served, and any information obtained, summarized, derived, or compiled from such materials or discovery responses (i.e. all Disclosure or Discovery Material).
4. This Order protects the confidentiality and limits the use and disclosure of documents, materials, items, or information that materially consist of information that is entitled to confidential treatment, including, without limitation, those items defined in Paragraph 1(c) and 1(d), above, (Confidential or Highly Confidential Information or Items). All parties and their employees and agents, including, but not limited to, contract workers and temporary employees or workers, counsel of record in this action or other counsel to the parties and employees or agents of such counsel, as well as certain others as specified below, are bound by the terms of this Order.
5. Any party to this action, as well as any third party responding to a subpoena or any other properly served discovery request in this action who is bound by this Order shall have the right to designate as "Confidential" or "Highly Confidential" Information and subject to this Order any documents, materials, items, information, or other Disclosure or Discovery Material that such party believes in good faith constitutes Confidential or Highly Confidential Information.
6. A Designating Party may designate any Disclosure or Discovery Material produced after the date of this Order "Confidential Information" or "Highly Confidential Information" and subject to this Order by any of the means set forth below. Any such information will then constitute Protected Material.
a. Stamping or inscribing on each page of the pertinent Disclosure or Discovery Material with words "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL."
b. So designating portions of a deposition transcript or deposition exhibits, either during the deposition or by written notice to the court reporter and all counsel of record within fifteen (15) court days after the reporter sends the final transcript or written notice that the final transcript is available for review. The court reporter shall be instructed to separately bind the Confidential Information portion and to mark the caption page of such portion Confidential or Highly Confidential. Until the fifteen (15) court day period expires, all deposition transcripts shall be treated as Protected Material subject to the terms of this Protective Order.
c. Notifying all counsel in this case in writing of designation of any third-party-produced Disclosure or Discovery Materials as Confidential or Highly Confidential within fifteen (15) court days from the date the Designating Party has notice that the Disclosure or Discovery Material has been produced. Until the fifteen (15) court day period expires, all third-party-produced Disclosure or Discovery Material shall be treated as Protected Material.
7. If any party inadvertently fails to designate Disclosure or Discovery Material as Confidential or Highly Confidential, that party may subsequently do so in writing within thirty (30) days after discovering the inadvertent failure to designate or of discovering the inadvertent production-disclosure and that material shall be protected under this Order from the date of that designation.
8. If a party seeks to file materials designated as Highly Confidential, the party must seek to do so under seal in accordance with District Court for the Eastern District of California Local Rule 141, or consistent with other procedures adopted by the parties and the Court. Any such Highly Confidential materials filed under seal or ...