The opinion of the court was delivered by: Judge: Hon. Oliver W. Wanger
STIPULATION AND PROTECTIVE ORDER
WHEREAS, the parties to the above-captioned action (the "Action") believe that certain information that is or may be sought by discovery requests or otherwise exchanged by the parties in this Action may contain trade secret or other confidential research, development, or commercial information within the meaning of Rule 26(c) of the Federal Rules of Civil Procedure;
WHEREAS, the unrestricted disclosure of such confidential and proprietary information and documents may cause irreparable harm to the producing party;
WHEREAS, one of the purposes of this Stipulation and [Proposed] Protective Order is to protect the confidentiality of such information and documents;
WHEREAS, the Federal Rules of Civil Procedure provide for the issuance of protective orders limiting the disclosure of certain information in appropriate circumstances; and
WHEREAS, the parties believe that it would facilitate discovery in this Action to produce any such information under a protective order made pursuant to Rule 26(c);
THE PARTIES HEREBY STIPULATE AND AGREE, pursuant to Local Rule 141.1(b)(1), to the following Stipulation and [Proposed] Protective Order ("Stipulation and Order") and respectfully request that the Court enter it.
1. Use of Discovery Material. All discovery material (including without limitation, documents, deposition testimony, physical objects, electronically stored information, tangible things, discovery responses or any other material of any type whatsoever (collectively, "Material"), whether by voluntary disclosure or pursuant to an order of the Court, in this Action may be used solely for purposes of prosecution, defense or settlement of this Action, including appeals, if any.
2. Designation of Material (Other than Testimony) as Confidential or Highly Confidential. Any party to the Action or other person that provides any Material in this Action may designate such Material as "Confidential" or "Highly Confidential" by labeling such Material as "Confidential" or "Highly Confidential-Attorneys-Eyes-Only" at the time it is produced. A party or person may designate Material as Confidential or Highly Confidential subsequent to its production by sending a letter to the receiving parties so designating such Material, provided that the party or person sending the letter provides, in the form such Material was originally produced, the specific replacement pages for its production and labels such Material as "Confidential" or "Highly Confidential," and provided that such designation shall only apply to such Material after actual receipt by the receiving parties of such a letter, and provided further that the party receiving such a letter shall make reasonable efforts to restrict use and/or dissemination of any previously provided version(s) of such Material.
3. Designation of Certain Testimony as Confidential or Highly Confidential. Any deposition or other testimony (including any exhibits used therein) may be designated as Confidential or Highly Confidential by any party to the Action or other person that provides such testimony by any of the following means: (a) stating orally on the record of a deposition or during the testimony that certain information or testimony is Confidential or Highly Confidential; or (b) sending written notice to counsel of record for the parties within ten business days after receipt of the transcript of a deposition or other testimony, designating certain information or testimony as Confidential or Highly Confidential. All deposition or other testimony shall be treated as if designated Confidential until the aforementioned ten-day period expires.
4. Definition of Confidential Material. A designation of Material as Confidential shall constitute a representation by the party or other person and its counsel that they believe in good faith that the Material so designated contains or constitutes nonpublic and confidential proprietary, commercially sensitive or personal information, including but not limited to: trade secrets, accounting information, unpublished financial data, financial or investment forecasts or strategies, business or product plans or projections, marketing plans or strategy, compensation information, appraisals or valuations, proposed strategic transactions or other business combinations, proprietary technical information and specifications; studies or analyses by internal or outside experts; customer information, data or lists; confidential financial data or results; tax data; confidential information regarding assets and liabilities; competitive analyses; confidential personnel information; personal financial information; personal information subject to protection under California law; or other commercially or personally sensitive or proprietary information. Correspondence or other documents that quote from, summarize or paraphrase the substance of Confidential Material shall be treated as Confidential and shall be labeled as such.
5. Restrictions on Disclosure of Material Designated as Confidential. Confidential Material shall not be used or disclosed by any person or entity for any purpose whatsoever other than the prosecution, defense or settlement of this Action including appeals, if any. Confidential Material and all information contained therein shall not be disclosed, shown to, reviewed by, or discussed with, any person except:
a. A party to this Action, including those directors, officers, members and employees of such party directly involved in instructing or assisting counsel in connection with this Action and any actual or potential party witness;
b. The Court, personnel of the Court, and court reporters and videographers at depositions or other ...