DISCOVERY MATTER [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. SACV09-01298-JST (MLGx) PROTECTIVE ORDER
The Court recognizes that some portion of the materials expected to be produced during the course of this action may contain: (A) nonpublic financial information, trade secrets, or similar proprietary business information as contemplated by Federal Rule of Civil Procedure 26(c)(1)(G); or (B) other information protected by state or federal law. THEREFORE, in order to protect the confidentiality of such materials as much as is practical during the litigation, the Court hereby GRANTS the parties' stipulation and enters this Protective Order:
1. Any party may designate as "confidential" those documents, tangible objects and/or information that it (or a person or entity other than a party to this action, such as Hyundai Motor Company ("HMC")) produces in this action that it reasonably and in good faith believes to contain: a) information protected by Federal Rule of Civil Procedure 26(c)(1)(G) or b) other information protected by state or federal law. If the receiving party so requests, the party designating information "confidential" must identify the Federal Rule or state or federal law protecting the information within fourteen days of receiving such request. Such documents and/or tangible objects may include, but not be limited to, responses to requests for production, responses to interrogatories, responses to requests for admission, and documents produced in response to requests for production.
2. Any party may also designate as "confidential" deposition testimony that it reasonably and in good faith believes to contain: a) information protected by Federal Rule of Civil Procedure 26(c)(1)(G) or b) other information protected by state or federal law. If one of the parties so requests, the party designating information "confidential" must identify the Federal Rule or state or federal law protecting the information within fourteen days of receiving such request.
3. The parties agree that all such designated documents, tangible objects, and information (hereinafter "Confidential Materials") shall be treated as confidential in accordance with the terms of this Protective Order ("Order").
4. Except with the prior written consent of counsel for the party designating Confidential Materials, such Confidential Materials may be shown or disclosed only to the following persons:
a. Counsel of record for the parties in this action;
b. Attorneys and other individuals employed by the parties' law firms, Hagens Berman Sobol Shapiro LLP, Hogan Lovells LLP, and Bingham McCutcheon LLP, that are assisting counsel of record; and
c. Independent experts and consultants retained by counsel of record in this action whose assistance is deemed necessary by counsel for the prosecution or defense of this action, and employees of such experts and consultants necessary to assist such persons in performing their duties, provided that no such disclosure shall be made to any person currently employed by a competitor of HMA;
d. The named plaintiffs in this action and in-house counsel and other employees of HMA whose assistance is deemed necessary by counsel for the prosecution or defense of this action;
e. Bona fide witnesses in this action who require, according to counsel, access to Confidential Materials for the prosecution or defense of this action.
5. Any recipient of such Confidential Materials shall not disclose the same to any other person to whom disclosure is not authorized by the terms of this Order and shall not use such Confidential Materials for purposes other than preparation for trial or settlement of this action.
6. Any recipient of such Confidential Materials shall exercise reasonable and appropriate care with regard to the storage, custody, and/or use of such Confidential Materials in order to ensure that the confidential nature is maintained.
7. Any recipient of such Confidential Materials listed in Paragraphs 4(c) through 4(e), above, prior to receipt thereof, shall be furnished with a copy of this Order, and shall be required to execute an undertaking of the type attached hereto as Exhibit A. The original of each Exhibit A executed by a recipient of Confidential Materials shall be furnished to counsel for the receiving party.
8. In the event that any receiving party desires that any Confidential Materials be included with, or the contents thereof be in any way disclosed, in any pleading, motion or other paper filed with the Clerk of this Court, the receiving party shall accompany the filing with a motion seeking an order requiring that such Confidential Materials be kept under seal by the Clerk until further order of the Court. Upon good cause shown, the Court may order that the use of any such Confidential Materials ...