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Mad Dogg Athletics, Inc. v. Hart Wood

August 11, 2010

MAD DOGG ATHLETICS, INC. D/B/A PEAK PILATES, A CALIFORNIA CORPORATION, PLAINTIFF,
v.
HART WOOD, INC. D/B/A ROOT MANUFACTURING, A COLORADO CORPORATION, AND VICTOR J. HART, AN INDIVIDUAL, DEFENDANTS.



The opinion of the court was delivered by: Fernando M. Olguin United States Magistrate Judge

STIPULATED PROTECTIVE ORDER

(NOTE CHANGES MADE BY THE COURT)

Counsel for plaintiff, MAD DOGG ATHLETICS, INC. d/b/a PEAK PILATES ("Plaintiff"), and defendants HART WOOD, INC. d/b/a ROOT MANUFACTURING and VICTOR J. HART (collectively "Defendants"), (Plaintiff and Defendants are hereinafter collectively referred to as "the Parties") have requested entry of an order under Rule 26 of the Federal Rules of Civil Procedure ("Federal Rules") to protect confidential information during discovery and trial. The court has determined that it is appropriate to enter such an Order for that purpose. It is therefore ORDERED as follows:

INTRODUCTION

The Parties have read the Court's "Standing Order Re: Protective Orders and Treatment of Confidential Information." ("the Standing Order") Because this is a trade secret case, the Parties have taken particular note of Section I.B of the Standing Order and the reference to California Civil Code § 3426.1, which defines the term "trade secrets."

The Parties recognize the significance of using confidential information at a public trial, as the Court emphasizes in Section I.E of the Standing Order. The parties will address this issue among themselves at the Meeting of Counsel Before Final Pretrial Conference pursuant to Local Rule 16-2. To the extent practicable, and in keeping with Fed. R. Civ. P. 1, the Parties will minimize the use of information designated confidential pursuant to this Order. The Parties will also address this issue with the Court at the Final Pretrial Conference, and they will be prepared to show good cause to maintain confidentiality while at the same time considering the need for speed and efficiency.

1. Applicability. The confidentiality provisions of this Order shall apply to all deposition transcripts, productions of documents, answers to interrogatories, responses to requests for admission, and all other discovery taken pursuant to the Federal Rules, as well as testimony adduced at trial, matters in evidence, and any other information that a disclosing party may designate as Confidential Information or Confidential -- Attorneys' Eyes Only in connection with this action.

2. Third parties. The terms "disclosing party" and "producing party" encompass not only the Parties to this action but also third parties who may disclose or produce information, e.g., in response to a document or deposition subpoena, or both.

LIMITATIONS ON ACCESS

3. Any party to this action, and any non-party from whom discovery is sought in connection with this action, may designate as CONFIDENTIAL INFORMATION or CONFIDENTIAL -- ATTORNEYS' EYES ONLY (cumulatively, "Covered Information") any documents, things, interrogatory answers, responses to requests for admission, trial or deposition testimony, or other material that contains CONFIDENTIAL INFORMATION or CONFIDENTIAL -- ATTORNEYS' EYES ONLY as set forth below. Information so designated shall include all copies, excerpts, summaries, indices, or abstracts of such information, regardless of the manner disclosed, including designated information disclosed during a deposition, in a document, in an interrogatory answer, by production of tangible evidence, during a hearing or trial, in responses to requests for admission or otherwise disclosed in connection with this action.

4. As used in this Stipulated Protective Order, the term CONFIDENTIAL INFORMATION means material or information not generally known to the public that the producing or disclosing party in good faith believes to incorporate know-how or trade secrets as that term is defined in Cal. Civ. Code §3426.1, sensitive business or commercial information, proprietary data, private or personal information, or information the disclosure of which could harm a party's competitive position, including any confidential information which is alleged to have been misappropriated, regardless of the form of such CONFIDENTIAL INFORMATION including, but not limited to, a written, printed, graphic, oral, electronic, or audiovisual embodiment.

5. As used in this Stipulated Protective Order, CONFIDENTIAL -- ATTORNEYS' EYES ONLY information means CONFIDENTIAL INFORMATION that is competitively sensitive to the producing party or significantly useful to the receiving party, including, but not limited to, trade secrets as that term is defined in Cal. Civ. Code §3426.1, proprietary pricing information, proprietary marketing information, proprietary customer lists (including past, current and prospective customers), proprietary financial and accounting information, or proprietary licensing or contractual information, which are not alleged to have been misappropriated

6. Until and unless the Court rules otherwise, documents, things, material and information marked or otherwise designated as CONFIDENTIAL INFORMATION or CONFIDENTIAL -- ATTORNEYS' EYES ONLY information shall be maintained in confidence by the person to whom such material is produced. The person to whom such information is disclosed shall use his or her best efforts to ensure that the information is kept confidential and not disclosed to any other person. In addition, he or she shall not disclose such information to any person except as described in paragraphs 7-9.

7. CONFIDENTIAL INFORMATION shall not be disclosed to any person except as identified in the following paragraphs 7(a)-7(g):

a. officers, directors, managers and/or employees of a party who have a need to know the information in connection with this lawsuit;

b. Plaintiff's principal, John R. Baudhuin, Plaintiff's President and former owner Julie Lobdell, and Defendants' principals, Victor J. Hart and Terry Hart;

c. counsel of record for the respective parties, and the secretarial, clerical, litigation support, and paralegal personnel employed or retained by such counsel;

d. outside consultants/experts who are not officers, directors, employees, or shareholders of a party, who have been retained in connection with this action, pursuant to paragraph 11;

e. the Court and its employees (including court reporters, persons operating video equipment at depositions, translators, and any special master appointed by the Court) whose function requires them to have access to material designated as CONFIDENTIAL INFORMATION under this Stipulated Protective Order;

f. employees of third-party service bureaus involved solely in one or more aspects of organization, translation, copying, filing, coding, converting, storing, or retrieving data designing programs for handling data in connection with this litigation, including providing computerized litigation support pursuant to paragraph 12; and

g. any other person as to whom the parties must first agree.

8. CONFIDENTIAL -- ATTORNEYS' EYES ONLY shall not be disclosed to any person except to those identified in paragraphs 7(c)-7(g).

9. [OMITTED]

DEFINITIONS

10. "Outside consultants/experts" means persons who are not employed by the receiving party and who are retained by a party or its attorneys of record in this litigation for the purpose of assisting in preparation of this litigation for trial, such as accountants, statisticians, economists, technical consultants or other technical experts, who have signed a document in substantially the form of Exhibit A attached hereto.

11. "Service bureau" means a company that:

(a) is independent of the Parties, but a company will not be deemed non-independent solely because it does business, regularly or sporadically, with a party;

(b) is engaged by counsel of record to perform clerical-type services in connection with this litigation, e.g., photocopying, imaging, computer data entry, and the like, or jury consultation services; and

(c) has executed an undertaking to be bound by the provisions of this Order in substantially the form of Exhibit A attached hereto, including the specific undertaking to have its employees who have access to Covered Information sign a document in substantially the form of Exhibit A attached hereto agreeing not to use or disclose such information.

DESIGNATION AND IDENTIFICATION OF INFORMATION

12. Labeling of documents. Information being designated as Covered Information that is in documentary or other tangible form shall be labeled by the producing party, prior to its production, to reflect its designation as "Confidential Information" or "Confidential -- Attorneys' Eyes Only," as appropriate. If the documents are produced in the form of electronic of magnetic media, the producing source shall place a stamp, label or other clear designation on the disc or tape containing the Covered Information. To the extent it is impracticable for the producing party to label or otherwise identify such material or information, the producing party ...


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