The opinion of the court was delivered by: Honorable Marc L. Goldman United States Magistrate Judge
[PROPOSED] PROTECTIVE ORDER
IT IS HEREBY ORDERED pursuant to the stipulationof the parties, Plaintiff Enough For Everyone, Inc. ("Plaintiff") and Defendant Provo Craft & Novelty, Inc. ("Defendant") through their respective counsel, which is on file with this Court, that a Protective Order be issued in this action regarding certain documents and information produced during discovery. The parties hereto intend to produce documents, respond to written discovery and provide certain testimony which may contain or constitute highly confidential, non-public financial information. The parties desire that the Confidential Material be protected by virtue of designating such material as confidential and restricting its dissemination.
The parties stipulate that for the purposes of the pending litigation between Plaintiff and Defendant, Case Number SACV11-01161-DOC (MLGX) (the "Action"), and to facilitate discovery in this case, and specifically to facilitate the discovery of any trade secrets, confidential information, or sensitive business or technical information, the parties, through their attorneys, request that this Court enter an order containing the terms set forth below (the "Protective Order") regarding the treatment of information disclosed during discovery.
The parties stipulate that good cause exists for the entry of a protective order, as disclosure of the parties' Confidential Information (as that term is defined below) would cause substantial financial and business harm to the parties. The parties maintain confidential documents concerning manufacturing, sales, costs' of goods, customer lists, profits, marketing plans, and ideas for new products. Discovery may involve some or all of such information.
The parties further stipulate that public disclosure of the parties' Confidential Material (as defined below) may provide third-party competitors with a significant unfair advantage vis-a-vis the parties to this Action. Thus, absent a protective order that facilitates confidential discovery, the parties would likely suffer significant financial and business losses.
The parties stipulate and this Court hereby orders that the following provisions shall govern in this matter:
1. As used in this Protective Order,
a. "Designating Party" means any Person who designates Material as Confidential Material.
b. "Discovering Counsel" means counsel of record for a Discovering Party.
c. "Discovering Party" means the Party to whom Material is being Provided by a Producing Party.
d. "Confidential Material" means any material designated as CONFIDENTIAL, in accordance with the terms of this Protective Order.
e. "Material" means any document, testimony or information in any form or medium whatsoever, including, without limitation, any written or printed matter, Provided in this action by a Party before or after the date of this Protective Order.
f. "Party" means the Parties to this action, their attorneys of record and their agents.
g. "Person" means any individual, corporation, partnership, unincorporated association, governmental agency, or other business or governmental entity whether a Party or not.
h. "Producing Party" means any Person who Provides Material during the course of this action.
i. "Provide" means to produce any Material, whether voluntarily or involuntarily, whether pursuant to request or process.
2. A Producing Party may designate as "CONFIDENTIAL" any Material provided to a Party which contains or discloses any of the following:
a. Non-public insider information, personnel files, financial information, trade secrets, confidential commercial information, proprietary information, or other confidential or sensitive information which the Producing Party determines in good faith should be kept confidential; and
b. Information that the Party is under a duty to preserve as confidential under an agreement with or other obligation to another Person.
3. A Producing Party shall designate as "CONFIDENTIAL" Materials which the Producing Party in good faith believes are entitled to protection pursuant to the standards set forth in Paragraph 2 of this Order. A Producing Party may designate Confidential Material for protection under this order by one of the following methods:
a. By marking it with the following inscription prior to Providing it to a Party: "CONFIDENTIAL".
b. In the case of electronic systems or information Provided or made accessible in native format, by informing the Discovering Party in writing that the Confidential Material has been Provided or made accessible ...