The opinion of the court was delivered by: The Honorable Alicia G. Rosenberg United States Magistrate Judge
[Related to Fair Housing Council of Orange County, Inc., et al. v. Cadigan Communities L.P., et al. Case No.: CV11-00488 AG (AGRx)]
The Hon. Andrew J. Guilford
Action Commenced: July 25, 2011 Trial Date: Not Set Discovery Cut-Off: Not Set Law & Motion Cut-Off: Not Set
The parties having entered into a Stipulation for the entry of a Protective Order to govern the disclosure, dissemination, and use of "Confidential Information" produced by the parties in this action, and the Court having reviewed the Stipulation and finding good cause for the entry of such an order, hereby orders that the following Protective Order ("the Order") shall apply to any information designated as "Confidential" pursuant to agreement of the parties or order of the Court.
1. Confidential Information
Plaintiff FHF contends that information regarding the investigative techniques employed by FHF staff and information relating to any investigation carried out by the FHF is confidential and the public disclosure of such information would jeopardize ongoing and future testing of other property owners' practices in Los Angeles County and would tax the limited resources of the FHF by requiring them to continually find and employ new anonymous testers and new investigative techniques. Therefore, Plaintiff FHF seeks to keep documents related to its testers and investigative techniques as confidential. See Shammouh v. Karp, 1996 U.S. Dist. LEXIS 16334 (E.D. Pa. Nov. 5, 1996) (holding good cause exists to treat information regarding the identities of testers and investigative techniques as confidential).
Any documents or things produced in discovery that contain or reveal Confidential Information or that are designated as Confidential Information under the terms of the Order, and all copies, recordings, abstracts, excerpts, analyses, court filings, or other writings that contain, reflect, reveal, suggest, or otherwise disclose such Confidential Information shall be deemed to be Confidential Information.
The provisions of the Order shall not apply to information which can be shown by competent evidence to be: i) in the public domain at the time of disclosure or, through no fault of the Receiving Party, in the public domain after the time of disclosure; ii) known to or developed by the Receiving Party prior to the time of disclosure; or iii) obtained from a third party having no obligation to protect such information from disclosure.
A "Disclosing Party" is the party who produces or discloses Confidential Information, or on whose behalf such information is disclosed, to a receiving party's attorneys. A "Receiving Party" is any party (either Plaintiff or a defendant) that receives or is permitted to receive Confidential Information from the Disclosing Party under the Order.
A Service Bureau is a person, agency, or organization engaged by counsel or any party to perform clerical document handling, stenographic, computer data entry, or other services in support of litigation, whose participation is reasonably necessary for the litigation, who has received a fully executed copy of the Order, and whose owner ...