The opinion of the court was delivered by: Stephen J. Hillman United States Magistrte Judge
Pre-trial Conf.: February 4, 2011 Trial: February 15, 2011 PROTECTIVE ORDER RE CONFIDENTIALITY [Fed. R. Civ. Proc. 26(c)(1)]
Plaintiff Orogem Corporation and Defendants De Beers UK Limited; J.C. Penney Corporation, Inc.; Macy's Retail Holdings, Inc.; Zale Delaware, Inc.; Ben Bridge Jeweler, Inc.; Samuels Jewelers, Inc.; Fred Meyer Jewelers, Inc.; Rosy Blue Jewelry, Inc.; Stuckey Diamond, Inc. d/b/a The Stuckey Company; Universal Pacific Diamonds & Jewelry, LLC; JBDM Jewelry, LLC; Wal-Mart Stores, Inc.; Helzberg's Diamond Shops, Inc. (collectively the "Parties") by and through their respective attorneys of record have stipulated to and request entry of the following Stipulated Protective Order:
1. This case alleges copyright infringement. The Parties may produce during discovery information which they in good faith believe constitutes or contains trade secrets or material non-public, competitively-sensitive, proprietary, confidential development, or confidential commercial information ("Confidential Information"), including financial documents such as sales, profit, cost, and advertising budget information concerning the accused Everlon Collection work and the alleged copyrighted Larkhead Pendant; distribution and advertising agreements concerning the accused Everlon Collection work; documents concerning the business relationship(s) among various Defendants directly concerning the accused Everlon Collection work; documents concerning the design of the accused Everlon Collection work; and documents concerning the design of the alleged copyrighted Larkhead Pendant. Moreover, the broad scope of discovery allowed under Federal Rule of Civil Procedure 26 may permit the Parties to obtain additional, confidential or proprietary information regarding Defendants' or Plaintiff's business practices.
2. After conferring pursuant to Federal Rule of Civil Procedure 26(c)(1), the Parties have determined that there is good cause to protect the Confidential Information that will be produced in this action from broad public disclosure and, in some instances from each other. General dissemination and disclosure of the Confidential Information would harm one or more of the Parties' business interests and competitive advantage in the marketplace, particularly as many of the Parties to this action are competitors. The Parties, therefore, desire that the Confidential Information be protected from unnecessary dissemination.
3. This Stipulated Protective Order applies to documents produced by a party or third-party witness, responses to discovery, including interrogatories, requests for admission and subpoenas, and deposition testimony and exhibits thereto.
4. A party ("Designating Party") may designate Confidential Information to be protected by this Stipulated Protective Order by:
a. Stamping or inscribing on each page of the pertinent Confidential Information the words CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS' EYES ONLY. A document or tangible thing inadvertently produced without a CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS' EYES ONLY stamp may later be designated as Confidential Information by a letter to all Parties announcing the designation and, in the case of a document, providing a new copy of the document with the CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS' EYES ONLY stamp thereon. If any person not entitled to see Confidential Information has access to such information prior to the designation being corrected, counsel for the receiving party shall, to the extent possible, retrieve from such person any physical items containing such Confidential Information and shall inform such person that the Confidential Information is not to be used by such person or disclosed further.
b. So designating portions of a deposition or deposition exhibits either during the deposition or by written notice to the court reporter and all counsel of record within ten (10) business days after the reporter sends the transcript or written notice that the 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 CONFIDENTIAL-ATTORNEYS' EYES ONLY. Deposition transcripts and exhibits shall be treated as CONFIDENTIAL-ATTORNEYS' EYES ONLY by all counsel for ten (10) business days from the time the reporter sends the transcript or written notice that the transcript is available for review or until such time as all counsel agree that no subsequent designation(s) will be made, whichever is shorter.
c. Notifying all counsel in this case in writing of designation of any Confidential Information produced by a third party as CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS' EYES ONLY within ten (10) business days from the date the Designating Party receives any such information, provided the Confidential Information is the Designating Party's Confidential Information.
5. Information and materials designated CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS' EYES ONLY that a party receives subject to the terms of this Stipulated Protective Order shall be used only for the purposes of prosecuting or defending this action, including any appeals or proceedings arising from this action. To that end, Confidential Information shall not be unnecessarily duplicated, distributed, disseminated, or published, except as required for prosecution and defense of this action. Further, all Parties shall take care to store and transfer Confidential Information in such a manner so as to limit its dissemination and protect it from disclosure except as allowed under this Stipulated Protective Order.
6. Information and materials designated CONFIDENTIAL may only be disclosed to:
a. The parties in this case, including their officers, directors, members, and partners;
b. The above-captioned Court, Court clerks, court reporters, counsel for the parties in this case, and paraprofessional, secretarial and support employees of ...