The opinion of the court was delivered by: Hon. Patrick J. Walsh Magistrate Judge
JAMES J. BROSNAHAN (CA SBN 34555) JBrosnahan@mofo.com PAUL FLUM (CA SBN 104424) PaulFlum@mofo.com GEORGE C. HARRIS (CA SBN 111074) GHarris@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 Attorneys for Defendants MICHAEL S. SITRICK, NANCY SITRICK, SITRICK AND COMPANY, INC., and THE MICHAEL AND NANCY SITRICK TRUST
STIPULATION AND [PROPOSED] PROTECTIVE ORDER NOTE CHANGES MADE BY THE COURT
Each party and their counsel stipulate and move the Court for a Protective Order under Federal Rule of Civil Procedure 26(c) concerning the treatment of Protected Material (defined below) and, in support, state as follows:
Disclosures and discovery in this action will involve the production of confidential, proprietary, and private information. Use of this information outside of the litigation could result in significant injury to one or more of the parties' business or privacy interests, as well as the privacy interests of non-parties. As a result, special protection from public disclosure and from use for any purpose other than litigating this action is warranted. Accordingly, the parties stipulate to and petition the Court to enter the following Protective Order for the purpose of preventing the disclosure and use of Protected Material, except according to the terms of this Stipulation and Protective Order.
(a) Discovery Material: all items or information, regardless of the medium or manner generated, stored or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or discovery in this matter.
(b) Confidential Information: The designation of "Confidential" shall be limited to Documents or information that the designating person or entity in good faith believes to constitute a trade secret, proprietary business information, private personnel information or data or any information that implicates or may implicate the privacy rights of the designating person or entity or a third party. A designating person or entity may not designate any Document or information as "Confidential" if it is otherwise publicly available, unless the Document or information is in the public domain as a result of a violation of any duty, law or agreement. Confidential Information shall exclude any corporate records of SCI which contain only financial or business information of SCI already a matter of public record or not within the scope of this Stipulation and Protective Order.
(c) Receiving Party: a party that receives Discovery Material from a Producing Party.
(d) Producing Party: a party or non-party that produces Discovery Material in this action.
(e) Designating Party: a party or non-party that designates information or items that it produces in disclosures or in response to discovery as "CONFIDENTIAL."
(f) Protected Material: any Discovery Material, including Confidential Information contained therein, that is designated as "CONFIDENTIAL" pursuant to this Stipulation and Protective Order.
(g) Counsel: attorneys, either in-house or outside, and their employees who represent or advise a party in this action.
(h) Expert/Consultant: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a party or its counsel to serve as an expert witness or as a consultant in this action.
(i) Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.
This Stipulation and Protective Order applies to use and disclosure of Protected Materials by a Receiving Party. This Stipulation and Protective Order shall have no application to any documents filed as a matter of public record ...