PROTECTIVE ORDER TO TREAT AS CONFIDENTIAL PLAINTIFF'S TRIAL EXHIBITS 326, 1180, 1185, 1187, 1240-45, 1262, AND 1286
Trial commenced in this matter on Tuesday, January 31, 2012. In the presentation of its case, Plaintiff has offered or intends to offer into evidence certain exhibits that contain personal data identifiers, as defined in Local Rule 79-5.4, such as home addresses. All of these proposed exhibits (with the exception of Exhibits 326 and 1262) are electronically stored information ("ESI") kept in their native format, and all are quite voluminous. Plaintiff has offered or intends to offer them as foundational evidence to support its claims. As such, these proposed exhibits cannot be redacted pursuant to L.R. 79-5.4 because: (1) any such redaction would materially change the ESI within them and thereby threaten their evidentiary value; and/or (2) redaction is impractical because the exhibits are so voluminous.
In order to protect the personal data identifiers in these proposed exhibits, and for good cause shown, IT IS HEREBY ORDERED THAT:
In the event the below-referenced exhibits are offered into evidence, they shall be preserved as confidential. Defendant Charles Gugliuzza does not waive any objections to the introduction of the below-referenced exhibits at trial. The proposed exhibits covered by this Protective Order shall include the following:
Plaintiff's Exhibit 326 Excel spreadsheet of consumer complaints received by Commerce Planet (spreadsheet created by Bruce Gale)
Plaintiff's Exhibit 1180 Gale Dec Attachment 4 (Email archives)
FTC_CP_005794.xls [native file]
Plaintiff's Exhibits 1185, 1187, and 1240-41
Customer service call recordings
Plaintiff's Exhibits 1242-45 Email complaint files in .pst format
Plaintiff's Exhibit 1262 Scanned hard copy consumer complaints in .pdf format Plaintiff's Exhibit 1286 ...