The opinion of the court was delivered by: Honorable Nathanael M. Cousins United States Magistrate Judge
STIPULATION AND (PROPOSED) ORDER REGARDING PRODUCTION OF CONFIDENTIAL DISCOVERY MATERIAL
Fowler v. County of Alameda, et al./Case #C11-04597 NC
Stipulation and [Proposed] Order Regarding Production of Confidential Discovery Material
The parties, by and through their respective attorneys of record,
hereby stipulate to the
following protective order being issued in this matter:
1. PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of 5 confidential or private information for which special protection from public disclosure and from 6 use for any purpose other than prosecuting this litigation would be warranted. Accordingly, the 7 parties hereby stipulate to and petition the court to enter the following Stipulated Protective 8
Order. The parties acknowledge that this Order does not confer blanket protections on all 9 disclosures or responses to discovery and that the protection it affords extends only to the 10 limited information or items that are entitled under the applicable legal principles to treatment as 11 confidential. The parties further acknowledge, as set forth in Section 10, below, that this Stipulated Protective Order creates no entitlement to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and reflects the standards 14 that will be applied when a party seeks permission from the court to file material under seal. 15
2.1 Party: any party to this action, including all of its officers,
consultants, retained experts, and outside counsel (and their
support staff). 18
2.2 Disclosure or Discovery Material: all items or information, regardless of the 19 medium or manner generated, stored or maintained (including, among other things, testimony, 20 transcripts, or tangible things) that are produced or generated in disclosures or responses to 21 discovery by any Party in this matter.
2.3 "Confidential" Information or Items: information (regardless of how generated, 23 stored or maintained) or tangible things that qualify for protection under standards developed 24 under Federal Rule of Civil Procedure 26(c). This material includes, but is not limited to, 25 medical and psychotherapeutic records, as well as officer personnel records and other similar 26 confidential records designated as such.
2.4 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.
2.5 Producing Party: a Party or non-party that produces Disclosure or Discovery Material in this action. 3
2.6 Designating Party: a Party or non-party that designates information or items that 4 it produces in disclosures or in responses to discovery as "Confidential." 5
2.7 Protected Material: any Disclosure or Discovery Material that is designated as "Confidential." 7
2.8 Outside Counsel: attorneys who are not employees of a Party but who are 8 retained to represent or advise a Party in this action. 9
2.9 House Counsel: attorneys who are employees of a Party.
2.10 Counsel (without qualifier): Outside Counsel and House Counsel (as well as 11 their support staffs). 12
2.11 Expert: a person with specialized knowledge or experience in a matter pertinent
13 to the litigation who has been retained by a Party or its counsel to serve as an expert witness or 14 as a consultant in this action and who is not a past or a current employee of a Party or of a 15 competitor of a Party's and who, at the time of retention, is not anticipated to become an 16 employee of a Party or a competitor of a Party's. 17
2.12 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, 19 storing, retrieving data in any form or medium; etc.) and their employees and subcontractors. 20
The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also any information copied or extracted therefrom, as well as 23 all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or 24 presentations by parties or counsel ...