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Nathaniel Schwartz, On Behalf of Himself and All Others Similarly Situated v. Lights of America

November 23, 2011

NATHANIEL SCHWARTZ, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
LIGHTS OF AMERICA, INC., A CALIFORNIA CORPORATION; AND DOES 1-10, DEFENDANTS.



The opinion of the court was delivered by: Hon. Marc L. Goldman United States Magistrate Judge

Assigned to Hon. James V. Selna

[PROPOSED] STIPULATED PROTECTIVE ORDER

Complaint Filed: February 25, 2011

LA2186154.1 216835-10003LA2183994.2 216835-10003

It is hereby stipulated among NATHANIEL SCHWARTZ ("Schwartz"), plaintiff in Schwartz v. Lights of America, Inc., Case No. 2:11-cv-01712-JVS-MLG (the "Schwartz Action"), CHRISTOPHER NELSON ("Nelson"), plaintiff in Nelson v. Lights of America, Inc., Case No. 8:10-cv-01333-JVS-MLG (the "Nelson Action") (the Schwartz Action together with the Nelson Action, as consolidated by the Court, the "Action"), and defendant LIGHTS OF AMERICA, INC., a California corporation ("Defendant" or "LOA"), that the following procedures, once ordered and entered by the Court, shall govern the handling of any documents produced or deemed produced in this Action, depositions, deposition exhibits, testimony, all responses to written discovery, and all other discovery obtained in this Action, as well as the use of any document or other information designated by any party to this Action as being subject to this Protective Order:

PURPOSE AND SCOPE

1. Disclosure and discovery in this Action may involve the production of confidential, proprietary and/or private consumer information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation is warranted. Accordingly, the Parties hereto stipulate to and petition the Court to enter this Stipulated Protective Order (the "Protective Order") pursuant to Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 26(c) to protect against unauthorized disclosure of such information.

2. This Protective Order shall govern not only the originals of "Confidential Material," as defined herein, but also all copies, and excerpts, summaries, or compilations thereof, materials derived therefrom, and testimony, conversations, or presentations by Parties or Counsel to or in Court, or in any other setting that contain confidential, proprietary, or private consumer information.

DEFINITIONS

3. The following terms, as used within this Protective Order are defined as follows:

a. Action: means and refers to the consolidated actions of Schwartz v. Lights of America, Inc., United States District Court, Central District of California, Case No. 2:11-cv-01712-JVS-MLG, and Nelson v. Lights of America, Inc., United States District Court, Central District of California, Case No. 8:10-cv-01333-JVSMLG, and all actions now or later consolidated with these actions, through final judgment;

b. Party or Parties: means and refers to any party to this Action, including, in the case of parties other than individuals, their officers, directors, employees, and agents;

c. Disclosure or Discovery Material: means and refers to all items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, tangible things, writings and information, whether in hard copy form, in electronically readable form, verbal, or otherwise) that are produced or generated in disclosures or responses to discovery in this Action;

d. "Confidential Material": means and refers to (i) Personal Identifying Information or commercial, business, financial, and/or proprietary information which is confidential in accordance with law and claimed as such by any Party or non-party producing same; (ii) information subject to a legally protected right of privacy; (iii) personal consumer information subject to protection under the law; (iv) information that any Party or non-party in good faith believes poses a significant risk of business, competitive, or other harm if disclosed; and (v) proprietary or trade secret information, such as automated systems, financial strategies, marketing concepts and internal marketing strategies, pricing, customer or client lists, non-public development concepts or research and development related to such concepts, supplier and vendor lists, costs of operations, and non-public aggregations of data and data analysis;

e. Personal Identifying Information: means and refers to personally identifiable and private information of consumers, including names, addresses, telephone numbers, email addresses, and bank account and credit card information.

f. Receiving Party: means and refers to a Party that receives Disclosure or Discovery Material from a Producing Party;

g. Producing Party: means and refers to a Party or non-party that produces Disclosure or Discovery Material;

h. Designating Party: means and refers to a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as "Confidential Material" in this Action;

i. Protected Material: means and refers to any Disclosure or Discovery Material that is designated as "Confidential Material";

j. Outside Counsel: means and refers to attorneys who are not employees of a Party but who are retained to represent or advise a Party, and shall include other persons employed by their law firms who are working on this Action;

k. House Counsel: means and refers to all attorneys who are employees of a Party, as well as paralegal assistants, secretaries, and clerical and administrative personnel who work with and/or assist such attorneys;

l. Counsel (without qualifier): means and refers to Outside Counsel and House Counsel (as well as their support staffs);

m. Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its Counsel to serve as an expert witness or as a consultant in this Action.

APPLICABILITY AND DURATION

4. The provisions of this Protective Order shall apply to: (1) the Parties currently named or later joined in this Action; (2) any non-party who produces Disclosure or Discovery Material in this Action; and (3) any non-party who receives Disclosure or Discovery Material. Any person from whom discovery is sought shall be entitled to designate materials and testimony produced in this Action as "Confidential Material" pursuant to the terms of this Protective Order. Furthermore, any Party or non-party, pursuant to this Protective Order, may, as hereinafter provided, designate as "Confidential Material" Disclosure or Discovery Material produced by any other Party or non-party that satisfies the definition of "Confidential Material" above. The confidentiality ...


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