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Custom Leathercraft Mfg. Co., Inc., A California Corporation v. Pull'r Holding Company

April 4, 2011

CUSTOM LEATHERCRAFT MFG. CO., INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
PULL'R HOLDING COMPANY, LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND DOES 1 TO 5, DEFENDANT.
PULL'R HOLDING COMPANY, LLC, A DELAWARE LIMITED LIABILITY COMPANY COUNTERCLAIMANT,
v.
CUSTOM LEATHERCRAFT MFG. CO., INC., A CALIFORNIA CORPORATION, COUNTERDEFENDANT.



The opinion of the court was delivered by: Paul L. Abrams United States Magistrate Judge

STIPULATED PROTECTIVE ORDER

NOTE CHANGES MADE BY COURT TO STIPULATED PROTECTIVE ORDER**

ORDER

Having reviewed the Stipulation re Proposed Protective Order as provided by counsel for the parties and attached hereto,

IT IS SO ORDERED.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case No. CV10-2399 JST (PLAx)

CUSTOM LEATHERCRAFT MFG. CO., INC., a California corporation, Plaintiff, v. PULL'R HOLDING COMPANY, LLC, a Delaware limited liability company; and DOES 1 to 5, Defendant. PULL'R HOLDING COMPANY, LLC, a Delaware limited liability company Counterclaimant, v. CUSTOM LEATHERCRAFT MFG. CO., INC., a California corporation, Counterdefendant.

GOOD CAUSE STATEMENT

WHEREAS, the parties believe that good cause exists for issuing this protective order pertaining to the documents or information described in this Order because the parties in this case are direct competitors and, based on the claims in this case, the nature of the information that will be required to be disclosed will include non-public, proprietary, and commercially sensitive information which, if access and use is not appropriately limited, could be used to the detriment of one party by the other, and by other competitors;

WHEREAS, the parties to this action believe that in the course of this Action certain information is likely to be disclosed and produced that constitutes trade secrets or other confidential research, development, or commercial information within the meaning of Rule 26(c) of the Federal Rules of Civil Procedure; and

WHEREAS, the parties desire to limit the extent of disclosure and use of such confidential material from unauthorized use and/or further disclosure, and wish to ensure that no advantage is gained by any party by the use of such confidential material which could not have been learned had discovery in this litigation not occurred.

WHEREAS, each of the parties believes that entry of a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure would serve its interests; and

WHEREAS, the Court finds that good cause exists for the entry of this Protective Order in this Action pursuant to Rule 26(c) of the Federal Rules of Civil Procedure in order to protect trade secrets and other confidential research, development, or commercial information.

IT IS HEREBY STIPULATED, AGREED AND ORDERED, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, that this Protective Order shall govern the production and/or disclosure by any party or non-party (the "Producing Party") in this Action, including, without limitation, Rule 26 disclosures, documents, depositions, deposition exhibits, interrogatory responses, responses to requests for admission, and testimony (such information shall hereinafter be referred to as "Discovery Material") and the handling of all such information produced or disclosed to any party (the "Receiving Party").

1. This Protective Order shall apply to all information and documents, electronic documents, things, discovery responses and testimony designated in good faith, and with a reasonable basis, by parties and non-parties to this litigation, including documents produced prior to the entry of this Order as either: (1) "CONFIDENTIAL" or (2) "HIGHLY CONFIDENTIAL --ATTORNEYS' EYES ONLY," under the terms of this Protective Order.

2. Any Producing Party may designate any Discovery Material as "CONFIDENTIAL" ("Confidential Discovery Material") under the terms of this Protective Order if such party in good faith, and with a reasonable basis, believes that such Discovery Material contains nonpublic confidential, proprietary, commercially sensitive, or trade secret information relating to research for and production of current products, technical, business and research information regarding future products, highly sensitive financial information and marketing plans and forecasts, customer lists, pricing data, cost data, customer orders, customer quotations, and any non-public pending or abandoned patent applications, either foreign or domestic. In such case, a party shall have the right to designate and mark documents as being "CONFIDENTIAL," if such documents or information relate to proprietary information that the producing party reasonably believes is of such nature and character that disclosure of such information to the public would be harmful to the Producing Party.

3. Any Producing Party may designate any Discovery Material as "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" ("Highly Confidential Discovery Material") under the terms of this Protective Order if such party in good faith, and with a reasonable basis, believes that such Discovery Material contains highly confidential material which comprises highly sensitive technical information relating to research for and production of current products, technical, business and research information regarding future products, highly sensitive financial information and marketing plans and forecasts, customer lists, pricing data, cost data, customer orders, customer quotations, and any non-public pending or abandoned patent applications, either foreign or domestic. In such case, a party shall have the further right to designate and mark documents as being "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY," if such documents or information relate to proprietary information that the producing party reasonably believes is of such nature and character that disclosure of such information to the other party of record would be harmful to the Producing Party.

4. CONFIDENTIAL and HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY Discovery Material and information derived therefrom shall be used solely for purposes of this Action and shall not be used for any other purpose, including, without limitation, any business, proprietary, commercial, governmental, or litigation purpose.

5. The designation of Discovery Material as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" for purposes of this Protective Order shall be made in the following manner by the Producing Party:

a. In the case of Rule 26 disclosures, documents, exhibits, briefs, memoranda, interrogatory responses, responses to requests for admission, or other documentary materials (excluding depositions or other testimony) and tangible things by affixing the legend "CONFIDENTIAL" to each thing and each page containing any Confidential Discovery Material and affixing the legend "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" to each page containing Highly Confidential Discovery Material. When a Producing Party produces documents or other tangible things for inspection, no marking need be made by the Producing Party in advance of the inspection. For purposes of such inspection, all documents and tangible things produced shall be considered marked as "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY." Thereafter, upon selection of specified documents or things for copying by the Receiving Party, the Producing Party shall mark the copies of such documents and things with the appropriate confidentiality marking at the time that the copies are produced to the Receiving Party.

b. In the case of depositions or other testimony, (i) by a statement on the record by counsel during such deposition or other testimony or portion thereof that such testimony shall be treated as Confidential or Highly Confidential Discovery Material, or (ii) by written notice to all parties sent by counsel within twenty (20) business days after the written transcript is made available to that counsel. In the foregoing instance where testimony is designated Highly Confidential, each ...


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