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Gina Delarosa, Individually and On Behalf of All Others Similarly Situated v. Boiron

March 16, 2011

GINA DELAROSA, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
BOIRON, INC., A CORPORATION OF UNKNOWN ORIGIN; AND JOHN DOES 1 -- 20, DEFENDANTS.



The opinion of the court was delivered by: Carla Woehrle United States District Court Magistrate Judge

Honorable Josephine S. Tucker Courtroom 10A

STIPULATED PROTECTIVE ORDER DISCOVERY MATTER

The Court having read the Stipulation for Entry of Protective Order, finding no objection thereto and good cause appearing therefor,

IT IS HEREBY ORDERED that a Stipulated Protective Order will govern the production and exchange of confidential information in the above-captioned case on the following terms: DEFINITIONS

1.1. Discovery Material: all items or information, regardless of the medium or manner generated, stored, or maintained that are produced or generated in disclosures or responses to discovery requests, including but not limited to documents or tangible things, electronic documents and electronic data files, testimony, answers to interrogatories, requests for admissions and subpoenas in this matter.

1.2. Confidential Information: any Discovery Material that qualifies for protection under standards developed under Fed. R. Civ. P., 26(c), including (a) proprietary technical information and specifications, (b) trade secrets, (c) confidential institutional knowledge, (d) proprietary business and financial information, and (e) any other information of any party or non-party the disclosure of which is likely to have the effect of causing harm to the competitive position of the person, partnership, corporation, or other organization from which the information is obtained. Any Discovery Material that becomes public or that otherwise loses its status as confidential over the course of this action, other than by a violation of this Order, shall no longer be protected by this Order.

1.3. Receiving Party: a Party that receives Discovery Material from a Producing Party.

1.4. Producing Party: a Party or Third Party that produces Discovery Material in this matter.

1.5. Designating Party: a Party or Third Party that designates Discovery Material that it produces in this matter as Confidential Information.

2. SCOPE

The protections conferred by this Order cover Confidential Information as

well as any data derived therefrom, including but not limited to: excerpts, summaries, analyses, compilations, testimony, conversations, or presentations.

3. DURATION

The confidentiality obligations imposed by this Order shall survive this litigation and remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs.

4. DESIGNATING CONFIDENTIAL INFORMATION 4.1. Manner and Timing of Designations. Except as otherwise provided in this Order, or as otherwise stipulated or ordered, the Producing Party shall designate any Discovery Materials containing Confidential Information by marking each page containing such information with the legend "CONFIDENTIAL" before it is disclosed or produced. If only portions of the information or item warrant protection, the Producing Party, to the extent practicable, shall identify the protected portions, specifying whether they qualify as "CONFIDENTIAL."

4.1.1. For Other Tangible Materials. Information in some tangible form, the Producing Party shall designate Confidential Information by marking the Discovery Material with the legend "CONFIDENTIAL."

4.1.2. For Deposition Testimony and Exhibits. Information disclosed at (a) the deposition of a party or one of its present or former officers, directors, employees, agents or independent experts retained by counsel for the purpose of this litigation, or (b) the deposition of a third party (which information pertains to a party) may be designated as Confidential Information by indicating on the record at the deposition that the testimony is "CONFIDENTIAL" subject to the provisions of this Order. Any party or non-party may also designate information disclosed at such deposition as Confidential Information by notifying the other parties in writing within twenty (20) days of receipt of the transcript specifying which pages and/or lines should be treated as Confidential Information. All deposition transcripts shall be treated as Confidential Information for a period of twenty (20) days after the receipt of the transcript.

4.2. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate Discovery Material as Confidential Information does not waive the Designating Party's right to secure protection under this Order for such material. If Discovery Material is appropriately designated as Confidential Information after it was initially produced, the Receiving Party, on timely notification of the designation, must make reasonable efforts to assure that the Discovery Material is treated in accordance with the provisions of this Order.

5. CHALLENGING CONFIDENTIALITY DESIGNATIONS

5.1. Timing of Challenges. Unless a prompt challenge to a Designating Party's confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary economic burdens, or a later significant disruption or delay of the litigation, a Party does not waive its right to challenge a confidentiality designation by ...


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