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Irvin Chen v. Avon Products

August 19, 2011

IRVIN CHEN, PLAINTIFF,
v.
AVON PRODUCTS, INC.; AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: The Honorable Stephen J. Hillman United States Magistrate Judge

ORDER FOR PROTECTIVE ORDER PURSUANT TO THE PARTIES' JOINT STIPULATION

Having reviewed the Joint Stipulation filed by the parties on August 15, 2011, and good cause appearing therefore, the Court hereby Orders:

[PROPOSED] ORDER ON STIPULATION FOR PROTECTIVE ORDER

1. The Parties to the above-captioned action have determined that certain information to be produced in this action contains Confidential Information (as defined below), the unauthorized disclosure of which would be detrimental to the legitimate commercial or privacy interests of the Party producing such information. Therefore, the Parties, through their counsel of record, hereby agree as follows: This Stipulated Protective Order shall govern documents, electronically-stored information, materials, depositions or other testimony, deposition exhibits, interrogatory responses, responses to request for admissions, and other information produced by the Parties (or third parties) in connection with this case. All such materials and information shall be referred to as "Information."

CONFIDENTIAL INFORMATION

2. The following definition shall govern the interpretation and application of this Order:

A. The term "Confidential" describes Information that contains sensitive and nonpublic business or financial information, personal financial information, sensitive and nonpublic personnel information, trade secrets, or other confidential or proprietary commercial, research, or development information, including but not limited to: (a) documents identifying individuals' social security numbers or other sensitive, nonpublic personal information; (b) documents identifying individuals' investments or other personal, nonpublic financial information; (c) documents containing sensitive, nonpublic information about a Party's clients or customers; and (d) documents containing sensitive, nonpublic information concerning a Party's accounting, financial transactions, or proprietary business methods.

3. Any Information produced by a Party to this litigation (the "Producing Party") that such Party believes in good faith contains or comprises any confidential, proprietary, commercially sensitive, or trade secret information may be designated by the Producing Party as "Confidential" by marking or designating the information in the manner provided in paragraph 4 of this Stipulated Protective Order. In addition, a Party may also designate as "Confidential" any Information that is produced or disclosed by any third party, provided that such Information contains "Confidential" Information (as defined in paragraph 2) of the Party who designates such Information ("Designating Party"). A Party may designate such Information by sending written notice of such designation, accompanied by copies of the designated Information bearing the "Confidential" stamp, to all other Parties in possession, custody, or control of such previously un-designated Information. Any Party receiving such notice and copy of the designated Information pursuant to this paragraph shall, within thirty (30) days of receipt of such notice (or such other time as may be agreed upon by the Parties): (a) destroy all un-designated copies of such Information in its possession, custody, or control obtained in discovery in this matter; or (b) at the Designating Party's expense, return to the Designating Party all un-designated copies of such Information in its possession, custody, or control obtained in discovery in this matter. The preceding notwithstanding, a Party may move for an Order designating certain information "Confidential" pursuant to paragraph 9.

4. Any Confidential Information shall be designated "Confidential" by the Producing Party or Designating Party by so stamping the material with the appropriate legend. All depositions shall be designated "Confidential" for ten (10) days from the receipt of the initial deposition transcript. During that 10-day period (or further period to the extent mutually agreed upon by the Parties), any Party who believes that portions of the deposition contain Confidential Information will mark the portions of the deposition transcript containing such information as "Confidential" and shall provide, by overnight mail, a copy of the deposition transcript to all counsel. Only those portions of the transcript of the deposition designated "Confidential" shall be so treated. All copies of deposition transcripts that contain designated Information shall be prominently marked "Confidential" on the cover, and if the portion(s) designated are filed with the Court, they shall be filed in accordance with the procedure provided for in paragraph 8. Parties may also designate deposition testimony as "Confidential" at the time deposition testimony is provided.

5. Except as otherwise provided herein, Information designated as "Confidential" pursuant to this Stipulated Protective Order, and any information contained therein, and any notes, abstracts, or summaries made therefrom, shall not thereafter be disclosed in any manner to anyone other than to the following: the Parties herein (including their present and former officers and employees directly involved in the prosecution or defense of this action), their respective outside or in-house counsel (including partners, associates, paralegals, and clerical and support personnel), the Parties' experts and consultants, Court officials involved in this action (including court reporters, persons operating video equipment at depositions, and any special master or mediator appointed by the Court), deponents as set forth in paragraph 7, and any mediator or other person presiding over formal alternative dispute resolution sessions. All such "Confidential" materials shall be used solely for the prosecution or defense of this action. If a Party wishes to disclose any Confidential Information to any person not described in this paragraph, the Party wishing to disclose the Information must provide the Designating Party five (5) court days notice. However, each Party may disclose its own Confidential Information without regard to this Protective Order, and such disclosure shall not constitute a waiver of confidentiality.

6. Any person to whom Information designated "Confidential" may be disclosed pursuant to paragraphs 5, except the Parties' outside counsel (including partners, associates, paralegals, and clerical and support personnel) and Court officials involved in this action (including court reporters, persons operating video equipment at depositions, and any special master or mediator appointed by the Court), first shall be shown and shall read a copy of this Stipulated Protective Order and shall agree in writing to be bound by its terms by signing a copy of the confidentiality acknowledgment attached as Exhibit A. Counsel for the Party obtaining such a person's signature on Exhibit A shall retain the original signed document subject to further order of the Court. Such persons shall certify, under penalty of perjury, that they will not use Information designated "Confidential" for any purpose other than conducting this litigation. This provision shall not, however, limit any Party's ability to use its own Confidential Information in any way.

7. Counsel may show Information designated "Confidential" to a witness at a deposition and examine that witness concerning the same provided that examining counsel has a good faith basis for believing that the witness or deponent may have information or testimony pertinent to the Confidential Information. Examining counsel must, in the course of the deposition, inquire as to whether the witness agrees to be bound by the terms of this Stipulated Protective Order. If the witness does not so agree, then neither the witness nor his counsel may retain the Confidential Information including, but not limited to, a copy of any pages of the transcript of the deposition that are designated "Confidential." In the event of such refusal by the witness, the reporter shall be instructed to give the witness written notice when the transcript has been prepared, stating that the witness may inspect the transcript and its exhibits in the reporter's office, and that if the original deposition transcript is not signed within thirty (30) days after the date of the notice (absent and contrary stipulation of counsel on the record), it will be used as if it had been signed. The witness shall not be furnished with a copy of portions of the deposition transcript or exhibits that have been designated as "Confidential." If the witness does not sign the original deposition transcript within thirty (30) days after the date of the written notice described in this paragraph (absent any contrary stipulation of counsel on the record), the deposition transcript may be used as if it had been signed.

8. The Parties agree to follow Federal Rule of Civil Procedure 5 with respect to all materials marked "Confidential" ...


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