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Jurun v. Wm. Wrigley Jr. Co.

September 2, 2010

KIMBERLEY JURUN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
WM. WRIGLEY JR. COMPANY, A DELAWARE CORPORATION AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Carla Woehrle

STIPULATED PROTECTIVE ORDER

1. PURPOSE AND LIMITATIONS

Discovery in this action is likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted. Accordingly, the parties hereby stipulate to, and request the Court to enter, the following Stipulated Protective Order ("Order"). This Order shall govern, for pretrial purposes only, the use of confidential information produced by a party or non-party in this proceeding. All references to "party" in this Order are intended to include non-parties.

The parties acknowledge that this Order does not confer blanket protection on all responses to discovery and that the protection it affords extends only to the limited information that is entitled under the applicable legal principles to treatment as confidential. The parties further acknowledge, as set forth in Section 11 below, that this Order creates no entitlement to file confidential information under seal. Civil Local Rule 79-5 sets forth the procedures that must be followed and reflects the standards that will be applied when a party seeks permission from the Court to file material under seal.

2. DEFINITIONS

(a) "Confidential Information": For purposes of this Order, "Confidential Information" means information, including a trade secret, that qualifies for protection within the meaning of Fed. R. Civ. P. 26(c) and could cause competitive injury to a party or would invade the privacy of a natural person if such information were made public or revealed to a competitor. But in no event is the definition of Confidential Information intended to be broader than is provided by applicable law. "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process that: (1) is used in one's business, and which gives that party an opportunity to obtain an advantage over competitors who do not know or use it; and (2) is the subject of efforts to maintain its secrecy that are reasonable under the circumstances. Confidential Information shall not include materials that have been disclosed to the general public (unless disclosure was in violation of this Order or other applicable law). The protections conferred by this Order cover not only Confidential Information itself, but also information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof. However, this Order shall not be construed to cause any counsel to produce, return, and/or destroy their own attorney work product.

(b) "Highly Confidential Information": For purposes of this Order, "Highly Confidential Information" means information the disclosure of which would pose a heightened risk of competitive harm. Materials designated "Highly Confidential" are included within the meaning of "Confidential Information" in this Order and may include: actual or developmental formulas or formulations of products; sources of products or ingredients; product specifications regarding the processing of ingredients; information reflecting future product development and marketing plans; and financial information that a competitor could use to discover the cost of manufacturing a party's product.

3. LIMITATION ON USE OF CONFIDENTIAL INFORMATION

Information designated by a party or non-party or their counsel ("Designating Party") as confidential under this Order shall be used by persons receiving it only for the purposes of this action. Confidential Information may be used for other purposes or in other actions only as agreed beforehand in writing by the parties or ordered by the Court. One additional restriction applies to information designated as "Highly Confidential": Highly Confidential Information may be disclosed to persons covered by Paragraphs 7(c), 7(h), or 7(k) below only if the requirements of Paragraph 10 below are satisfied.

Notwithstanding any designation, nothing in this Order shall prevent any party from using or disclosing its own Confidential Information as it deems appropriate. Nothing in this Order shall preclude any party from showing a Designating Party, or its employee, at a deposition of that party or employee, any information provided by the Designating Party. Nothing in this Order shall preclude any party from showing any individual any information that the individual authored or developed. Likewise, nothing in this Order shall preclude any party from showing any individual any document, the face of which demonstrates that a) the document had previously been distributed to that individual, or b) the individual had otherwise previously possessed the document. Nothing herein shall bar a party from the unrestricted use of any document or information obtained from public sources or available through public sources.

4. DESIGNATING INFORMATION "CONFIDENTIAL"

Confidential Information in documentary form shall be so designated by

stamping each page produced to a party with one of the following legends:

"CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER"; or "CONFIDENTIAL."

Highly Confidential Information in documentary form shall be designated in a like manner, adding the word "HIGHLY" before "CONFIDENTIAL" in the legend. Any such stamp or designation shall not obscure or otherwise conceal any text, picture, drawing, graph or other communication or depiction in the document. In the case of Confidential Information disclosed in a non-paper medium (e.g., videotape, audiotape, computer disks, etc), the appropriate designation shall be affixed on the outside of the medium or its container so as to clearly give notice of the designation.

5. GOOD FAITH BASIS FOR DESIGNATING MATERIALS

The designation of material as Confidential Information pursuant to this Order shall mean that the Designating Party has a reasonable good-faith belief that the material constitutes Confidential Information as defined in Paragraph 1 of this Order. Blanket designation of documents or information as Confidential Information en masse or without regard to the specific contents of each document is prohibited. In determining the scope of information that a party may designate as Confidential Information, each party agrees that designations shall be made in good faith and (1) not to impose burden or delay on any other parties, (2) not for tactical or other advantage in litigation, and (3) as to any party who is not a natural person, not in order to avoid embarrassment.

6. EXPERT REPORTS

If any Confidential Information is specifically identified in, paraphrased in, or attached to an expert's report, the report shall be marked on its cover as "CONTAINS CONFIDENTIAL INFORMATION," and access thereto shall be limited pursuant to the terms of this Order.

7. LIMITATION ON DISCLOSURE OF CONFIDENTIAL MATERIALS TO "QUALIFIED PERSONS"

Confidential Material produced pursuant to this Order may be disclosed or made available only to the following persons (hereinafter "Qualified Person(s)"):

(a) the parties and those employees responsible for assisting a party in the conduct of the action, other than in-house counsel;

(b) counsel (including outside and in-house counsel), including necessary support such as secretarial, clerical and litigation support or copy service personnel assisting counsel;

(c) experts and consultants, and their support staff, for the purpose of assisting in the preparation of the case or for the purpose of testifying by deposition or at the trial of this matter, except for persons who have worked for, or provided consulting services to, any of the following entities within the 24 months prior to the planned disclosure to them: Cadbury Adams, Cadbury Schweppes, ...


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