The opinion of the court was delivered by: Judge: Hon. A. Howard Matz
STIPULATED PROTECTIVE ORDER
This Stipulated Protective Order ("Protective Order") is entered into by the parties to the above-captioned action (the "Action").
The Protective Order is intended to protect from disclosure documents and information the parties deem to be confidential. Documents and information so designated may only be disclosed or used as further provided herein. Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and the guidelines set forth in the Court's Order re: Protective Orders and Treatment of Confidential Information, it is hereby stipulated and agreed by and between all parties to this Action, through their respective counsel and subject to the approval of this Court, that this Protective Order be entered in this Action.
STIPULATED, AGREED, AND ORDERED:
1. Any party in this Action or any third party to whom a subpoena is issued in this Action ("Producing Party") shall have the right to designate any material (including, but not limited to, exhibits, documents and things produced by any party or witness, answers to interrogatories, responses to requests for admissions, responses to requests for production, declarations, affidavits, and deposition testimony or transcripts, including the information contained therein whether in note or summary form) as confidential if the material contains information that is proprietary or sensitive to the Producing Party and is not otherwise in the public domain. As used herein, documents and other information so designated, including without limitation any extracts or summaries of such documents and other information, shall be referred to as "Confidential Information." Any use of any such Confidential Information shall be covered by the provisions of this Protective Order.
2. A Producing Party may designate documents containing information deemed confidential by that party as Confidential Information by stamping or otherwise clearly marking the same "CONFIDENTIAL," or by otherwise notifying the parties to the Action that materials are to be treated as Confidential Information. "Confidential Information" shall be those items designated under paragraph 1 and any notes, work papers or other documents containing confidential information from such items. By designating information as Confidential, the parties and their counsel represent that they have a good faith belief that the information contains confidential commercial or financial information, trade secrets as defined in California Civil Code Section 3426.1,*fn1 personal information, or other confidential information entitled to a protective order under Federal Rule of Civil Procedure 26(c).
3. A Producing Party may designate all or part of a deposition as containing Confidential Information by so indicating on the record during such deposition, in which case the court reporter shall be directed to separately bind the portion of the transcript and to clearly mark the front of the separately bound volume with the designation "CONFIDENTIAL." During any deposition that includes testimony concerning Confidential Information, any and all individuals who are not entitled access to said information under the terms of the Protective Order may be excluded from that portion of the deposition. In any event, all deposition transcripts shall be treated as Confidential Information for up to and including thirty (30) days after receipt of the transcript, within which time counsel for any party may designate a portion or all of the transcript as Confidential Information in writing to all counsel.
4. Any person receiving Confidential Information ("Receiving Party") shall use such Confidential Information only for the purposes of this Action and any related action transferred to the above-captioned Action. A Receiving Party shall not use Confidential Information for any other litigation, or for any business or other purpose whatsoever. Notwithstanding this provision, the Producing Party may make use of its own Confidential Information in any way it deems fit.
5. Confidential Information shall not be disclosed to any person except:
(i) the parties and their current and former officers, directors, in-house counsel and employees deemed necessary to aid counsel in the conduct of the above-captioned Action;
(ii) outside counsel of record for the parties to this Action, and employees of their respective firms;
(iii) the Court and its support personnel, subject to a Motion for Impoundment filed pursuant to paragraph 7 of this Protective Order;
(iv) a deponent or witness who is a party, or an officer, director, partner, attorney, employee or agent of the Producing Party;
(v) copying or imaging services or court reporters associated with or retained by a party in connection with this Action;
(vi) any experts or professional consultants and their staff with whom counsel may deem it necessary to consult for the preparation for trial of this Action, and who are retained solely for the purpose of assisting in ...