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L.A. Printex Industries, Inc., A California Corporation v. Cornerstone Apparel

February 22, 2011

L.A. PRINTEX INDUSTRIES, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
CORNERSTONE APPAREL, INC., D/B/A PAPAYA, A CALIFORNIA CORPORATION; POPSY CORP., A CALIFORNIA CORPORATION; ROSS STORES, INC., A CALIFORNIA CORPORATION; CREW KNITWEAR, INC., A CALIFORNIA CORPORATION; STEIN MART, INC., A CALIFORNIA CORPORATION; PANDELCO, INC., A CALIFORNIA CORPORATION; NORDSTROM, INC., A WASHINGTON CORPORATION; VON MAUR, INC., A IOWA CORPORATION; EVR, INC., A CALIFORNIA CORPORATION; AND DOES 1 THROUGH 10, DEFENDANTS.



The opinion of the court was delivered by: Suzanne H. Segal, U.S. Magistrate Judge

Bryan King Sheldon (Bar No.116219) George T. Busu (Bar No. 235993) LIM, RUGER & KIM, LLP

1055 West Seventh Street, Suite 2800 Los Angeles, California 90017 Phone: (213) 955-9500 Fax: (213) 955-9511 Email: bryan.sheldon@limruger.com

george.busu@limruger.com

Attorneys for Defendants, Crew Knitwear, Inc., Nordstrom, Inc., & Ross Stores, Inc.

STIPULATED PROTECTIVE ORDER RE CONFIDENTIAL INFORMATION [F.R.C.P. 26(c)]

[Discovery Document: Referred to Magistrate Judge Suzanne H. Segal]

GOOD CAUSE STATEMENT

This matter arises from Plaintiff's claims against Defendants for alleged infringement of three copyrights in and to certain graphic design patterns which the Plaintiff claims to hold.

The discovery and pretrial phase of this action will involve the disclosure of the parties' respective trade secrets and other confidential and proprietary business and financial information. Such information will likely take the form of such things as, strategic corporate plans, financial statements, vendor lists, customer lists, customer and vendor profiles, pricing information, board of director meeting minutes, software code and mathematical formulas, designs that have not been made public, process and cost structure, profits earned from selling individual items, and personnel records.

All of the parties hereto conduct business in the garment design, manufacturing and/or sales industry. This is a highly competitive industry. The unauthorized disclosure of any of the aforementioned information would substantially harm and prejudice the legitimate commercial or privacy interests of the party whose confidential information was disclosed. For instance, making public the price that a particular party paid a particular vendor for a particular item, might affect the way that third parties deal with that party or vendor in the future. Accordingly, good cause exists for the Court's entry of the parties' Stipulated Protective Order. See, Foltz v. State Farm Mutual Auto Insurance Company, 331 F.3d 1122 (9th Cir. 2003); Phillips v. General Motors Corporation, 307 F.3d 1206 (9th Cir. 2002).

For all of the reasons stated above, and pursuant to Federal Rules of Civil Procedure ("FRCP"), Rule 26(c):

IT IS HEREBY ORDERED as follows:

1.Definition of Confidential Information. "Confidential Information" is information that has not been made public, and which has been designated as

CONFIDENTIAL or CONFIDENTIAL -- ATTORNEYS EYES ONLY as set forth below.

Information designated as "CONFIDENTIAL" includes, but is not limited to, board of director meeting minutes, business plans, financial statements, vendor lists, customer lists, customer and vendor profiles, pricing and marketing information, software code and mathematical formulas, designs that have not been made public, and other non-public business information.

Information designated as "CONFIDENTIAL -- ATTORNEYS EYES ONLY" means the most sensitive information of each party to this action which concerns each party's strategy, process and cost structure, and profits earned from selling individual items, provided that it is non-public, private, maintained in confidence and intended for or restricted to use by only one of the parties to this action, including its attorneys, employees and agents.

2.Scope. This Protective Order shall govern discovery in this action and shall be applicable to all information provided, produced or obtained, whether formally or informally, in the course of discovery in this action, including, without limitation, information provided, produced or obtained in or through any deposition, response to interrogatories, response to a request for admission, and any document or thing provided or made available for inspection and/or copying (collectively "document, thing or testimony"). As used herein, the term "document" shall include all forms of information delineated in FRCP 34(a).

3.Confidential Information. Any person, whether an individual or an entity, whether a party or a nonparty, and whether acting on its own or through counsel, that is participating in discovery in this action may designate any document, thing or testimony as CONFIDENTIAL or CONFIDENTIAL -- ATTORNEYS EYES ONLY at or prior to the time the material or information is produced or disclosed so long as such person has a good faith, reasonable belief that such document, thing or testimony contains or discloses, respectively, information justifying a designation of CONFIDENTIAL or CONFIDENTIAL -- ATTORNEYS EYES ONLY (as stated in paragraph 1). The parties to this Order, including anyone who agrees to be bound by the Order, agree to designate information as CONFIDENTIAL or CONFIDENTIAL -- ATTORNEYS EYES ONLY on a good faith basis and not for purposes of harassing the receiving party or for purposes of unnecessarily restricting the receiving party's access to information concerning the lawsuit.

4.The Court. This action is currently pending in U.S. District Court for the Central District of California ("the Court").

5.Procedure for Designating Documents. Any person desiring to subject the information contained or disclosed in any document (including, without limitation, any document responsive to a Rule 34 request or to a Rule 45 subpoena, and any responses to interrogatories or to requests for admission) delivered to or served on any party to the confidentiality provisions of this Protective Order must designate such document as Confidential Information in the manner provided herein at or prior to the time of disclosure, unless the parties agree to an alternative procedure. Any document delivered to or served on any party may be designated as Confidential Information by affixing either the legend "CONFIDENTIAL" or the legend "CONFIDENTIAL -- ATTORNEYS EYES ONLY" to every page of the document. All correspondence, legal memoranda, motion papers, pleadings and other written material which quote or refer to the substance of any Confidential Information shall also be treated as such in accordance with the provisions of this Protective Order, and the portion of such documents containing, quoting or referring to the substance of any Confidential Information shall be marked in accordance with this paragraph.

6.Procedure for Designating Physical Specimens or Non-Written Material. A physical specimen or thing containing Confidential Information shall be designated as such by marking or tagging such physical specimen or thing with a legend including either the legend "CONFIDENTIAL" or the legend "CONFIDENTIAL -- ATTORNEYS EYES ONLY." Likewise, Confidential Non-Written Material, such as electronic media, software, or source ...


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