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Glenn and Deirdre Dickerson, Tammy Foxisicoff v. Electrolux Home Products

March 17, 2011

GLENN AND DEIRDRE DICKERSON, TAMMY FOXISICOFF,
JOHN AND SAMANTHA EDDY, GARY FRUTKOFF,
DANIEL AND SHELENA HUNTER, CHARLES AND ROSEMARY OVERLY, STEVE AND JENNIFER SCHRODER, AND
ISAAC AND GAIL WALKOVER, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
ELECTROLUX HOME PRODUCTS, INC.,
DEFENDANT.



The opinion of the court was delivered by: Hon. Manuel L.

DARREL J. HIEBER (CA SBN 100857) darrel.hieber@skadden.com SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 300 South Grand Avenue Los Angeles, CA 90071 Tel.: (213) 687-5000 Fax: (213) 687-5600 JOHN H. BEISNER (CA SBN 081571) john.beisner@skadden.com JESSICA D. MILLER (pro hac vice) jessica.miller@skadden.com SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 1440 New York Avenue, N.W. Washington, D.C. 20005 Tel.: (202) 371-7000 Fax: (202) 393-5760 J. RUSSELL JACKSON (pro hac vice) russell.jackson@skadden.com SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 4 Times Square New York, NY 10036 Tel.: (212) 735-3000 Fax: (212) 735-2000 Attorneys for Defendant ELECTROLUX HOME PRODUCTS, INC.

Real Action

STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION

Filed: July 14, 2010

Plaintiffs Glenn and Deirdre Dickerson, Tammy Fox-Isicoff, John and Samantha Eddy, Gary Frutkoff, Daniel and Shelena Hunter, Charles and Rosemary Overly, Steve and Jennifer Schroder, and Isaac and Gail Walkover and Defendant Electrolux Home Products, Inc. ("Electrolux"), through their attorneys, have stipulated and agreed to the entry of this Stipulated Protective Order to govern the limitation of disclosure of certain information to be produced in this litigation that contains trade secrets or other confidential research, development, or sensitive commercial information. Accordingly, the Court finds that good cause supports the entry of this Stipulated Protective Order.

IT IS HEREBY ORDERED, pursuant to Rule 26 of the Federal Rules of Civil Procedure, that the information, testimony, documents and other things, including the substance and content thereof, produced or otherwise disclosed by any party or non-party in discovery in this litigation shall be subject to the terms and provisions of this Stipulated Protective Order as set forth below.

Subject to and without waiving any objections any party may have as to the discoverability of any information, and without waiving any objections or legal claims any party may have (including but not limited to any objections or legal claims arising out of the acquisition, retention, or other handling of documents containing confidential or proprietary information), and solely for the purpose of providing procedures for the handling and protection of "Confidential Information" as defined herein, the parties to this action hereby agree on the following procedures for handling such Confidential Information.

The parties hereby agree that access to and use of such documents, things and information shall be governed and limited by the provisions of this Stipulated Protective Order as set forth herein, subject to the approval of the Court.

A.DEFINITION OF CONFIDENTIAL INFORMATION

Confidential Information, as used herein, means any type or classification of information, whether it be a document, information contained in a document, information revealed during a deposition, information revealed in an interrogatory answer, or otherwise, which (i) is designated when it is produced as "Confidential" by the supplying party. In designating information as Confidential Information, the party so designating will make such designation only as to that information which has not been made public or published that contains trade secret, confidential, private, and/or proprietary information. By designating a document, thing, material, testimony or other information Confidential Information, under the terms of this Order, the party making the designation is certifying to the Court that there is a good faith basis both in law and in fact for the designation within the meaning of Federal Rule of Civil Procedure 26(g).

If a party considers any document, information or thing that the other party possesses by means other than its production pursuant to discovery in this action to be Confidential Information, the party which considers such document, information or thing to be Confidential Information shall notify the other party of the designation. If the parties cannot agree whether such document, information or thing constitutes Confidential Information, the party which considers the document, information or thing to be Confidential Information shall bear the burden of seeking relief from the Court within 30 days after the parties meet and confer, during which period the document, information or thing will be treated as Confidential Information.

B. PROCEDURE FOR DESIGNATING MATERIAL AS CONFIDENTIAL INFORMATION

1. Confidential Information shall include all documents provided by a party which have been designated as Confidential Information by marking the page: "CONFIDENTIAL." In lieu of marking the original of documents, the party may mark the copies that are produced or exchanged.

2. The identification of information as Confidential Information by a supplying party shall be made at a time when an answer to an interrogatory or an answer to a request for admission is served, when a copy of a document is provided to the other party, and when an inspection of premises or tangible things is made.

3. Information provided by oral testimony given in a deposition may be designated as Confidential Information by indicating on the record at the deposition the testimony which the designating party claims is Confidential Information. Subject to the provisions of this Order, no Confidential Information may be read by anyone other than a Qualified Person. The parties will inform the court reporter who is stenographically recording said testimony to mark those portions of the testimony they assert is Confidential Information. The party that requests a portion of the deposition testimony be marked as Confidential Information shall pay all amounts that the court reporter charges for marking portions of the deposition transcript as Confidential Information.

4. In the event a designation is challenged, the parties shall attempt to resolve the dispute in good faith on an expedited and informal basis. If the challenge cannot be informally resolved within five (5) business days of a party's written challenge to the designation, the designating party will move for an appropriate ruling upon filing a formal motion from this Court within ten (10) business days of the written challenge. The material shall continue to be treated as Confidential Information until the expiration of ten (10) business days from the date of the challenging party's written challenge to the designation. If a motion is made by the designating party, the material will continue to be treated as Confidential Information until the Court rules. The party requesting Confidential ...


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