The opinion of the court was delivered by: Honorable Robert N. Block United States Magistrate Judge
[PROPOSED] PROTECTIVE ORDER
Disc. Cutoff: May 4, 2012 Pretrial Conf.: August 6, 2012 Trial Date: August 14, 2012
STATEMENT OF GOOD CAUSE FOR ORDER FOR THE PROTECTION OF CONFIDENTIAL INFORMATION
This case involves a contract dispute concerning medical devices and valuable intellectual property. Discovery and trial of this case will involve the exchange of highly sensitive information that would have value to the parties' competitors. Such information may include confidential business strategies, financial data, product design and manufacturing details, blueprints, customer lists, confidential research, development, or commercial information, and other information that is not available to the public. The parties have several direct competitors that might gain an unfair advantage if the documents exchanged in this lawsuit were made public. Therefore, in agreement with the principles laid out in Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, (9th Cir. 2003), the parties have submitted this agreed protective order.
WHEREAS, in connection with the above-captioned matter, certain information, documents and things containing trade secrets (as defined by California Civil Code § 3426.1), and other confidential business or commercial information within the meaning of Rule 26(c) of the Federal Rules of Civil Procedure, may be disclosed by the parties and/or nonparties voluntarily and/or in response to discovery demands;
WHEREAS, it would serve the interests of the parties to conduct discovery relating to this proceeding under a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure; and
WHEREAS, the parties have agreed to be bound by the terms of this Order and have presented the same for entry as an Order of the Court;
1. This Protective Order shall apply to all information, documents, testimony and things designated CONFIDENTIAL or HIGHLY CONFIDENTIAL ATTORNEY'S EYES ONLY (collectively "Confidential Information") by the parties or nonparties as provided in this Order. As used herein, "Confidential Information" means any information, documents, testimony and things so designated as more fully described in paragraphs 3a and b below.
2. All Confidential Information is provided solely for the purpose of this litigation between the parties and may not be used for any other purpose, except by leave of court on motion with notice to all interested parties.
3. Each affidavit or portion thereof, each deposition transcript or portion thereof, each interrogatory answer or portion thereof, each document or portion thereof, each premise or thing or portion thereof, which is deemed by a party or by a nonparty producing same that discloses Confidential Information will be so identified and labeled CONFIDENTIAL - PURSUANT TO COURT ORDER or HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY - PURSUANT TO COURT ORDER as follows:
a. A party or nonparty may designate material CONFIDENTIAL
only if it, in concurrence with its counsel and in good faith, deems that a reasonable basis exists for limiting dissemination of the material under the standards of FRCP 26 and contains confidential and/or proprietary commercial information that is not generally available to the public.
b. A party or nonparty may designate material HIGHLY
CONFIDENTIAL - ATTORNEY'S EYES ONLY if it, in concurrence with its counsel and in good faith, deems that disclosure of such material to a party to this lawsuit would be injurious to the commercial interests of the designating entity under the standards of FRCP 26 and contains highly propriety technical or trade secret or business information so that the risk of improper ...