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Duc Truong, Horst Simon and, Clarissa Padilla On Behalf of Themselves v. Best Buy Stores

January 26, 2011

DUC TRUONG, HORST SIMON AND, CLARISSA PADILLA ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
BEST BUY STORES, L.P. AND BEST BUY CO., INC., DEFENDANTS.



The opinion of the court was delivered by: Marc L. Goldman United States Magistrate Judge

CLASS ACTION [PROPOSED] PROTECTIVE ORDER

The following provisions shall govern the handling and disclosure of Information, including testimony, arguments, filings, Documents, and discovery responses, obtained, generated or produced by any party to these proceedings, or by third parties:

1. Any documents, data, written material, or other information in printed or electronic form disclosed or produced by any party in the context of this action, which the producing party in good faith considers to be trade secret, confidential or proprietary information, in particular: (1) financial information, (2) customer information, (3) competitive information including information that relates to a party's internal policies, procedures, and training materials, (4) information that relates to a party's operations and efforts to comply with statutory regulations (regardless of whether such information is protected by the attorney client privilege), and (5) information whose disclosure is prohibited by non-disclosure agreement(s) with third parties, that is not (a) generally available to the public or in the public domain; (b) available to the relevant trade or industry in which the party operates; or (c) independently known to any other party, may be designated by such party as "Confidential Information" at the time of production. The treatment by the receiving parties of such materials or information as other than confidential prior to their designation as "Confidential Information" shall not be construed as a violation of the provisions herein governing the use of "Confidential Information."

(a) Designation of Documents or Filings. To designate Confidential Information in Documentary form, the designating party shall place the Legend "CONFIDENTIAL" at the top and/or bottom (as appropriate) of each page that contains material to be protected under this Protective Order.

(b) Designation of Testimony and Hearing Transcripts. To designate Confidential Information in testimony (or in exhibits referred to therein), the designating party shall: (1) make an oral statement to such effect on the record in the course of the hearing or deposition, or (2) designate a certified deposition or hearing transcript, or portions thereof, as Confidential by so notifying all parties in writing within twenty (20) days after receipt of such transcript. Pending the conclusion of that twenty day period, the transcript or exhibits shall be treated as Confidential, unless otherwise agreed by the parties.

Portions of transcripts and exhibits containing Confidential Information must be separately bound by the court reporter, who must affix to the top of each page the Legend "CONFIDENTIAL" as instructed by counsel for the party who designated the transcript or exhibit Confidential. If, during any deposition or hearing, any party desires to elicit testimony, offer arguments, and/or introduce Documents or other Information which has been designated as Confidential, or when counsel for a party deems that the answer to a question will result in the disclosure of Confidential Information within the meaning of this Protective Order, any person present at the deposition or hearing who is not permitted access to such Information shall leave the deposition or hearing during the examination or argument. The failure of such persons to leave the deposition or hearing shall constitute substantial justification for counsel to advise the witness that he or she need not answer the question.

(c) Designation of Material Produced in Non-Paper Media or Other Tangible Items. To designate non-paper media (e.g., videotape, audiotape, computer disk, etc.), the Producing Party shall affix in a prominent place on the exterior of such non-paper media the Legend "CONFIDENTIAL." In the event the Receiving Party generates any copy, transcription, or printout from any such designated nonpaper media, such party must mark such copy, transcription or printout as "CONFIDENTIAL" and treat it as so designated.

2. All "Confidential Information," regardless of its form or classification, shall be used only by the persons specified in Paragraph 4 below and only in connection with this action and the following actions ("Identified Actions"):

Jermyn v. Best Buy Stores, L.P., Civ. No. 08 CV 00214 (S.D.N.Y.) DiSanto v. Best Buy Stores, L.P. and Best Buy Co., Inc., Civ. No. 2:09-cv-04727 (PGS)(ES) (D.N.J.) Laff v. Best Buy Stores, L.P. and Best Buy Co., Inc., Civ. No. 1:09-cv-006649 (GL) (N.D. Ill.)

3. Separately, the parties have agreed that any material originally produced in the Jermyn matter and used in the instant action will remain subject to any confidentiality designations determined by the Jermyn court.

4. No person shall be given, shown, or allowed to examine, or shall be privy to any discussions regarding material designated as "Confidential" except the following:

a. the named parties in the Identified Actions, including in-house counsel; counsel of record for the parties; or employees of counsel of record for the parties who have need to see "Confidential Information" in the performance of their duties on counsel's behalf;

b. the Court and any employees of the Court designated by the Court, with or without notice to the parties;

c. court reporters retained to transcribe testimony; d. any person permitted to review ...


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