The opinion of the court was delivered by: Hon. R. Gary Klausner
Paul W. Sheldon (Admitted Pro Hac Vice) STRASBURGER & PRICE, LLP 2801 Network Boulevard, Suite 600 Frisco, TX 75034-1872 Telephone: (469) 287-3955 Facsimile: (469) 227-6574 MUSICK, PEELER & GARRETT LLP Donald E. Bradley (State Bar No. 145037) firstname.lastname@example.org 650 Town Center Drive, Suite 1200 Costa Mesa, California 92626-1925 Telephone: 714-668-2400 Facsimile: 714-668-2490 Attorneys for Defendant TRANS UNION LLC
PROTECTIVE ORDER [DECLARATION OF COMPLIANCE ATTACHED]
Pursuant to the stipulation of all parties filed herewith, and good cause appearing,
IT IS HEREBY ORDERED THAT, WHEREAS, documents and information have been and may be sought, produced or exhibited by and among the parties to this action relating to trade secrets*fn1 , confidential research, development, technology or other proprietary information belonging to the defendants and/or personal income, credit and other confidential information of Plaintiff,
THEREFORE, the Order of this Court protecting such confidential information shall be and hereby is made by this Court on the following terms:
1. This Order shall govern the use, handling and disclosure of all documents, testimony or information produced or given in this action which are specifically identified by Paragraph 14 of this Order and in accordance with the terms hereof.
2. Documents or other materials identified in Paragraph 14 of this Order shall be stamped or otherwise marked on the front of the document or portion(s) thereof "Confidential" by the designating party.
3. To the extent any motions, briefs, pleadings, deposition transcripts, or other papers to be filed with the Court incorporate documents or information subject to this Order, the party who intends to file such papers shall give five business days' notice to the party who designated such materials as "Confidential," so that the designating party has the opportunity to file the application required pursuant to Central District Local Rule 79-5.1 for such papers to be filed under seal. The filing party shall cooperate with the designating party to allow the application to be filed along with the Confidential documents or information.
4. All documents, transcripts, or other materials subject to this Order, and all information derived therefrom (including, but not limited to, all testimony, deposition, or otherwise, that refers, reflects or otherwise discusses any information designated Confidential hereunder), shall not be used, directly or indirectly, by any person,including the other defendants, for any business, commercial or competitive purposes or for any purpose whatsoever other than solely for the preparation and trial of this action in accordance with the provisions of this Order.
5. Except with the prior written consent of the individual or entity asserting confidential treatment, or pursuant to prior Order after notice, any document, transcript or pleading given confidential treatment under this Order, and any information contained in, or derived from any such materials (including but not limited to, all deposition testimony that refers, reflects or otherwise discusses any information designated confidential hereunder) may not be disclosed other than in accordance with this Order and may not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation; (c) counsel for the parties, whether retained counsel or in-house counsel and employees of counsel assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses subject to a proffer to the Court or a stipulation of the parties that such witnesses need to know such information; and (e) present or former employees of the producing party in connection with their depositions in this action (provided that no former employees shall be shown documents prepared after the date of his or her departure); and (f) Experts specially retained as consultants or expert witnesses in connection with this litigation.
6. All persons receiving any or all documents produced pursuant to this Order shall be advised of their confidential nature. All persons to whom confidential information and/or documents are disclosed are hereby enjoined from disclosing same to any other person except as provided herein, and are further enjoined from using same except in the preparation for and trial of the above-captioned action between the named parties thereto. No person receiving or reviewing such confidential documents, information or transcript shall disseminate or disclose them to any person other than those described above in Paragraph 5 and for the purposes specified, and in no event shall such person make any other use of such document or transcript.
7. Appropriate sections of deposition or hearing transcripts may be designated "CONFIDENTIAL" by any person stating on the record their intention to so designate the transcript and, within ten (10) business days of the publication of the final version of the transcript, notifying each party and non-party signatory in writing of the pages and lines so designated. All persons shall treat as "CONFIDENTIAL" the entirety of each transcript containing a notification of intent to designate portions of the transcript as "CONFIDENTIAL" for ten (10) business days.
8. Nothing in this Order shall prevent a party from using at trial any information or materials designated "Confidential."
9. This Order has been agreed to by the parties to facilitate discovery and the production of relevant evidence in this action. Neither the entry of this Order, nor the designation of any information, document, or the like as "Confidential," nor the failure to make such designation, shall constitute evidence with respect to any issue in this action.
10. Within sixty (60) days after the final termination of this litigation, all documents, transcripts, or other materials afforded confidential treatment pursuant to this Order, including any extracts, summaries or compilations taken therefrom, but excluding any materials which in the good faith judgment of counsel are work product materials, shall be returned to the individual or entity having produced or furnished same. The requirement to return confidential documents to the designating party does not include any documents in the Court's possession, but does include copies of such documents in any party's possession.
11. In the event that any party to this litigation disagrees at any point in these proceedings with any designation made under this Protective Order, the parties shall follow the procedures set forth in Central District Local Rule 37. During the pendency of any challenge to the designation of a document or information, the designated document or information shall ...