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Reflex Packaging, Inc v. Stephen Gould Corporation

March 10, 2011



[Complaint Filed: July 1, 2010]


Disclosure and discovery in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 5

Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on 7 all disclosures or responses to discovery and that the protection it affords from public disclosure 8 and use extends only to the limited information or items that are entitled to confidential treatment 9 under the applicable legal principles. The parties further acknowledge that this Stipulated

Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a 12 party seeks permission from the Court to file material under seal.


2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.

2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c).

2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff).

2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL" or


2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other 26 things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter.

Stipulated Protective Order For Litigation

2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who (1) has been retained by a Party or its counsel to serve as an expert 3 witness or as a consultant in this action, (2) not a past or current employee of a Party or of a Party's competitor and (3) at the time of retention, is not anticipated to become an employee of a Party or of a Party's competitor.

2.7 "HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY" Information or Items: extremely sensitive "Confidential Information or Items," disclosure of which to another Party or Non-Party or to House Counsel for a Party would create substantial risk of serious harm 9 that could not be avoided by less restrictive means. 10

2.8 House Counsel: attorneys who are employees of a party to this action.

House Counsel does not include Outside Counsel of Record or any other outside counsel.

2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

2.10 Outside Counsel of Record: attorneys who are not officers, directors or employees of a party to this action but are retained to represent or advise a party to this action and 16 have appeared in this action on behalf of that party or are affiliated with a law firm which has 17 appeared on behalf of that party.
2.11 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs).

2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action.

2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 24 organizing, storing, or retrieving data in any form or medium) and their employees and 25 subcontractors.

2.14 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL" or as "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY."

2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.


The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any 7 testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. The protections conferred by this Stipulation and Order, however, do not cover the 9 following information: (a) any information that is in the public domain at the time of disclosure to 10 a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 11 a result of publication not involving a violation of this Order, including becoming part of the 12 public record through trial or otherwise; and (b) any information known to the Receiving Party 13 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 14 obtained the information lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.


Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing 19 or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal 20 of all claims and defenses in this action, with or without prejudice; and (2) final judgment herein 21 after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this 22 action, including the time limits for filing any motions or applications for extension of time 23 pursuant to applicable law. For a period of six months after the final disposition of this action, this 24 court will retain jurisdiction to enforce the terms of this order.


5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information or items for protection under this Order must take reasonable care to limit any such designation to specific material that qualifies under the 2 appropriate standards. To the extent it is practical to do so, the Designating Party must designate 3 for protection only those parts of material, documents. items, or oral or written communications 4 that qualify - so that other portions of the material, documents, items, or communications for 5 which protection is not warranted are not swept unjustifiably within the ambit of this Order.

Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 8 unnecessarily encumber or retard the case development process or to impose unnecessary 9 expenses and burdens on other parties) expose the Designating Party to sanctions.
If it comes to a Designating Party's attention that information or items that it designated for protection do not qualify for protection at all or do not qualify for the level of 12 protection initially asserted, that Designating Party must promptly notify all other parties that it is 13 withdrawing the mistaken designation.

5.2 Manner and Timing of Designations. Except as otherwise provided in this Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 16 protection under this Order must be clearly so designated before the material is disclosed or 17 produced. Designation in conformity with this Order requires:

(a) for information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" to each page that contains protected material. If only a portion or 22 portions of the material on a page qualifies for protection, the Producing Party also must clearly 23 identify the protected portion(s) (e.g., by ...

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