The opinion of the court was delivered by: Magistrate Sheri Pym United State District Judge
DISCOVERY MATTER District Judge Valerie Baker Fairbank Magistrate Judge Sheri Pym ORDER ON STIPULATED PROTECTIVE ORDER [Concurrently filed with Joint Stipulation for Protective Order] Complaint Filed: June 21, 2011 Trial Date: None
Based upon the Stipulated Protective Order submitted by parties, and for good cause shown:
The Court hereby orders that:
1. "ACTION" shall mean the above-captioned action and any appeal(s) of that action.
2. "PARTIES" shall mean all parties of record in the ACTION, including all counsel of record, their employees, contractors, representatives, and agents.
3. "DOCUMENT(S)" shall mean any document or electronically stored information -- including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained either directly or after translation into a usable form -- as defined by Federal Rule of Civil Procedure 34(a)(1)(A).
4. "CONFIDENTIAL MATERIALS" shall include all DOCUMENTS and/or portions of DOCUMENTS produced in the course of the ACTION that:
a) contain information located in personnel files of current and former employees;
b) contain information located in payroll records of current and former employees;
c) contain information located in logs maintained by current and former employees;
d) contain information seeking the disclosure of business and financial information that is confidential, proprietary, commercially sensitive (including but not limited to Annual and Quarterly Reports) and/or a trade secret as defined by California Civil Code §3426.1 and the Restatement Torts, Section 757.
B.PROCEDURES FOR USE AND DISCLOSURE OF CONFIDENTIAL MATERIAL
5. CONFIDENTIAL MATERIAL shall be so designated by stamping copies of the document produced to a party with the legend "CONFIDENTIAL." Stamping the legend "CONFIDENTIAL" on the cover of any multipage document shall designate all pages of the document as confidential, unless otherwise indicated by the producing party. However, the PARTIES shall only designate as CONFIDENTIAL those portions of multipage documents which contain CONFIDENTIAL MATERIALS. The PARTIES acknowledge that the only information to be designated as CONFIDENTIAL is that which is properly subject to protection under paragraph 4 herein and that the PARTIES shall not designate as CONFIDENTIAL any material without first making a good faith determination that such protection is warranted under the terms of this Order.
6. Testimony taken at a deposition may be designated as confidential by making a statement to that effect on the record at the deposition or other ACTION and notifying the court reporter, if applicable, to separately transcribe the portion of the testimony or argument during which CONFIDENTIAL MATERIAL is discussed. Such portion of the deposition or hearing transcript shall be separately transcribed and stamped with the appropriate legal legend as specified in Paragraph 5, above. The ...