The opinion of the court was delivered by: Marc L. Goldman United States Magistrate Judge
[PROPOSED] ORDER REGARDING THE EXCHANGE OF CONFIDENTIAL MATERIAL
Complaint filed: February 24, 2011
WHEREAS, Plaintiff Clive Henderson and Defendant Lowe's HIW, Inc. (the "Parties") submit, and the Court hereby finds, that GOOD CAUSE EXISTS in this case for the issuance of this Order Regarding the Exchange of Confidential Material ("Protective Order") in order to expedite the flow of discovery material, facilitate the prompt resolution of disputes over the confidentiality of information, adequately protect material entitled to be kept confidential, and ensure that protection is afforded only to material so entitled;
WHEREAS, the Parties hereto, having stipulated and agreed, by and through their respective counsel, to the entry of this Protective Order in the above-captioned action and the Court having approved the same;
IT IS HEREBY ORDERED AS FOLLOWS:
1.1 Party: Any party to this action, including all of its officers, directors,employees, and in-house counsel (and their support staff).
1.2 Discovery Material: All items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, documents or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.
1.3 "Confidential" Information or Items:
(i) Information that is a "trade secret" as that term is defined in
(ii) Confidential and proprietary business and/or financial information;
(iii) Non-public information about any individual or individuals, including personnel records, evaluations, compensation levels, databases, surveys, statistical analysis, analyses of personnel practices, or other information incorporating or aggregating information pertaining to individuals; and/or
(iv) Information alleged in good faith by a Party to be subject to protection under California law, and/or information that is confidential, of commercial value, and falling into one or more of the following categories:
a. Lowe's HIW, Inc.'s policies and procedures for operating its stores;
b. Documents that reflect the implementation of Lowe's HIW, Inc.'s policies and procedures for operating its stores;
c. Information that is protected against disclosure by a written confidential information agreement between a third party and Plaintiff or Defendant; and
d. Business plans, models, marketing analyses, sales and financial statements.
(v) Confidential medical records of Plaintiff, whose disclosure would, without prior consent of Plaintiff, be protected by the Health Information Portability and Accountability Act ("HIPAA") or by any other applicable state or federal statutes;
(vi) Confidential records held by any state agency, including, but not limited to, the California Department of Fair Employment and Housing ("DFEH") or California Employment Development Department ("EDD") that would be protected from disclosure under applicable state or federal statutes without the prior consent of Plaintiff;
(vii) Any employment or personnel records held by third parties, such as prior employers of Plaintiff, that would be protected from disclosure under applicable state or federal statutes without the prior consent of Plaintiff.
1.4 "Highly Confidential -- Attorney's Eyes Only" Information or Items:Extremely sensitive Confidential Information or Items whose disclosure to another Party or non-party would create a risk of injury that could not be avoided by less restrictive means.
1.5 Designating Party: A Party or non-party that designates its Discovery Material as "Confidential" or "Highly Confidential -- Attorney's Eyes Only."
1.6 Receiving Party: A Party that receives Discovery Material from a Designating Party.
1.7 Protected Material: Any Discovery Material that is designated as "Confidential" or "Highly Confidential -- Attorney's Eyes Only."
1.8 Outside Counsel: Attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action.
1.9 In-House Counsel: Attorneys who are employees of a Party.
1.10 Counsel (without qualifier): Outside Counsel and In-House Counsel (as well as ...