The opinion of the court was delivered by: Honorable Marc L. Goldman United States Magistrate Judge
Assigned to the Honorable David O. Carter, U.S.D.J.
ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER
Pursuant to the Stipulation between Plaintiffs MOPHIE, INC. and DANIEL HUANG ("Plaintiffs") and Defendants LOZA & LOZA, LLP, JULIO LOZA and CHRISTINA S. LOZA ("Defendants") (individually, a "party," together, the "parties")and FOR GOOD CAUSE SHOWN, it is hereby ORDERED that a Protective Order ("Order") be issued pursuant to Rule 26(c) of the Federal Rules of Civil Procedure as follows:
1. Plaintiffs and Defendants acknowledge that disclosure and discovery activity in this litigation could potentially involve the production of confidential, proprietary, sensitive or private information, for which special protection from public dissemination or disclosure (and from use for any purpose other than prosecuting and defending this matter) would be warranted.
Part One: Use of Designated Materials in Discovery
2. Information, material and/or discovery responses may be designated pursuant to this Order by the person or entity producing, lodging it or otherwise furnishing it or by any party to this action (the "Designating Party") if: (a) provided or served, formally or informally, in response to any other formal or informal discovery request, subpoena, deposition notice or order in this action; and/or (b) filed or lodged with the Court. All such information, material and/or discovery responses and all information or material derived therefrom is "Designated Material" under this Order, whether labeled as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" as set forth below. Unless and until otherwise ordered by the Court or agreed to in writing by the parties, Designated Material shall be used only in the litigation and preparation for trial of this action and shall not be used or disclosed by the receiving party except as expressly provided under the terms of this Order.
3. Any party or non-party may designate as "Confidential Information" (by stamping the relevant page "CONFIDENTIAL" or as otherwise set forth herein) any document or response to discovery for the purposes of (i) avoiding invasions of individual privacy and protecting non-public proprietary information and confidential business, technical, financial and/or personal information relating to the Designating Party's business, technical, financial, or personal affairs, subject to protection under Rule 26(c) of the Federal Rules of Civil Procedure ("FRCP") or under other provisions of California law. Any party or non-party may designate as "Highly Confidential Information" (by stamping the relevant page "HIGHLY CONFIDENTIAL" or as otherwise set forth herein) any document or response to discovery which that party or non-party considers in good faith to contain information involving trade secrets, or confidential business or financial information, subject to protection under FRCP Rule 26(c) or under other provisions of California law. Where a document or response consists of more than one page, the first page and each page on which Designated Material appears shall be so designated.
4. A party or non-party may designate information disclosed during a deposition or in response to written discovery as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" by so indicating in said responses or on the record at the deposition and requesting the preparation of a separate transcript of such material. In addition, a party or non-party may designate in writing, within thirty (30) days after receipt of said responses or of the deposition transcript for which the designation is proposed, that specific pages of the transcript and/or specific responses be treated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL." Any other party may object to such proposal, in writing or on the record. Upon such objection, the parties shall follow the procedures described herein. After any designation made according to the procedure set forth herein, the designated documents or information shall be treated according to the designation until the matter is resolved according to the procedures described herein.
5. All Designated Material produced or exchanged in the course of this case (not including information that is publicly available) shall be used by the party or parties to whom the information is produced solely for the purpose of this case.
6. Except with the prior written consent of the other parties, or upon prior order of the Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to any person other than:
(a) counsel for the respective parties to this litigation, including in-house counsel and co-counsel retained for this litigation;
(b) employees of such counsel;
(c) individual parties or officers or employees of a party, to the extent deemed necessary by counsel for the prosecution or defense of this litigation;
(d) consultants or expert witnesses retained for the prosecution or defense of this litigation, provided that each such person shall execute a copy of the Certification annexed to this Order (which shall be retained by counsel to the party so disclosing the Confidential Information and made available for inspection by opposing counsel during the pendency or after the termination of the action only upon ...