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Dean Mahan, Gretchen Silverman, J. v. Trex Company

March 10, 2011

DEAN MAHAN, GRETCHEN SILVERMAN, J.
STEPHEN TISDALE, STEVEN MCKENNA, THOMAS SCHAUPPNER, MARJORIE ZACHWIEJA, JOHN FORCELLA, SHEILA SHAPIRO, SABRINA W. HASS AND DR.
LANNY W. HASS, AMY BIONDI-HUFFMAN, AND BRIAN HATHAWAY, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
TREX COMPANY, INC., A DELAWARE CORPORATION,
DEFENDANT.



The opinion of the court was delivered by: Honorable Paul. S. Grewal United States Magistrate Judge

STIPULATED PROTECTIVE ORDER

RECYCLED PAPER

Gretchen Silverman, J. Stephen Tisdale, Steven McKenna, Thomas Schauppner, Marjorie Zachwieja, 3 Brian Hathaway, and Defendant Trex Company, Inc. (the "Parties"), by and through their respective 5 counsel of record, because discovery in this case may result in the production and exchange of 6 information and documents that one or more Parties contend are confidential, proprietary, trade secret 7 or other private information. 8

This Stipulated Protective Order is entered into by and between Plaintiffs Dean Mahan, John Forcella, Sheila Shapiro, Sabrina W. Hass and Dr. Lanny W. Hass, Amy Biondi-Huffman , and 4

The parties acknowledge that the purpose of this Stipulated Protective Order is not to confer 9 blanket protections on all disclosures or responses to discovery, but rather to protect information that 10 is entitled under the applicable legal principles to treatment as confidential. 11

AGREE AND JOINTLY REQUEST, that a protective order be entered to govern pretrial 13 proceedings in this action according to the following terms and provisions: 14

15 equally to all documents, materials, depositions or other testimony, deposition exhibits, interrogatory 16 responses, responses to requests for admissions, and other information (all such materials and 17 information shall be referred to as "Information") produced by any party (or third-party) in 18 connection with this case, and designated by any party as "Confidential" as set forth below.

party considers in good faith to contain information that should be so designated. To designate a 21 document or other material as "Confidential," a party or counsel for a party shall stamp the document 22 or other material with the phrase, "CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER." In 23 lieu of marking the originals if only copies are to be distributed, the copies that are produced or 24 exchanged shall be marked. Where a document consists of more than one page, the first page and 25 each page on which Confidential Information appears shall be so designated. Each party that 26 designates Information for protection under this Order must take care to limit any such designation to 27 the specific material that qualifies under the appropriate standards. A Designating Party must take 28 care to designate for protection only those parts of documents, discovery responses, testimony, or

THEREFORE, the Parties, by and through their respective counsel, HEREBY STIPULATE,

1.Application of this Protective Order. This Stipulated Protective Order shall apply

2.Designation. Any party may designate as "Confidential" any Information which that other information that qualify -- so that other portions of said documents, discovery responses, 2 testimony, or other information for which protection is not warranted are not swept unjustifiably 3 within the ambit of this Order. If it comes to a party's attention that Information that is designated 4 for protection does not qualify for protection at all, and the party agrees that said Information does 5 not qualify for protection at all, that party must promptly notify all other parties that it is withdrawing 6 the mistaken designation. 7

8 consent of the party originally designating a document as Confidential, or as hereinafter provided 9 under this Protective Order, no documents or information designated as "Confidential Pursuant To 10

Protective Order" (hereinafter and after referred to as "Confidential Information") shall be shown to 11 anyone other than: 12

District Court, Northern District of California, Case No. CV 09-00670-JF (the "Mahan

3.Use of "Confidential" Documents and Information. Except with the prior written

a) The Parties in the litigation entitled Dean Mahan v. Trex Co. Inc., United States

17 representative, employee, or agent is working on this litigation with outside counsel; 18

19 arising from this litigation, where that representative is working on this litigation; 20

21 subparagraphs (a), (b), (c), and (d), in connection with their work on this litigation; 22

23 to, the Confidential Information in the ordinary course of business prior to the filing of this litigation; 24

25 subparagraphs (a), (b), (c), (d), and (e), in connection with their work on this litigation; 26

27 employees of a party or of an affiliate of a party, provided that any such consultant or expert witness 28 has first executed a copy of Exhibit A before being shown or given any Confidential Information;

Action" or "this litigation");

b) Counsel of record for the Parties in the Mahan Action;

c) Any representative, employee, or agent of the Parties in this litigation, where that

d) Any representative of any insurer against whom any party seeks coverage for claims

e) Administrative and clerical employees of any of the persons identified in

f) Any authors of the Confidential Information or persons who received, or had access

g) Professional photocopy or document services, as directed by persons identified in

h) Outside consultants or expert witnesses retained in this litigation who are not materials under seal as set forth in paragraph 7 of this Order; 3

4 testimony in this litigation, where examining counsel has a good faith basis for believing that the 5 witness or deponent has information or testimony pertinent to the Confidential Information, provided 6 that any such witness and their attorney has first executed a copy of Exhibit A before being shown or 7 given any Confidential Information; and 8

9 litigation. 10

Persons who, by virtue of this litigation, and consistent with the procedures provided under this 12

i) The Court and court personnel, consistent with the provisions for filing Court

j) Percipient witnesses and their attorneys at, or in preparation for, ...


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