The opinion of the court was delivered by: The Hon. Michael R. Wilner United States Magistrate Judge
Anthony M. Keats (State Bar No. 123672) firstname.lastname@example.org David K. Caplan (Bar No. 181174) email@example.com KEATS McFARLAND & WILSON LLP 9720 Wilshire Boulevard Penthouse Suite Beverly Hills, California 90212 Telephone: (310) 248-3830 Facsimile: (310) 860-0363 Attorney for Defendants FOSSIL, INC., and MACY'S MERCHANDISING GROUP, INC.
DISCOVERY MATTER [PROPOSED] PROTECTIVE ORDER
The parties have requested entry of an order under Rule 26 of the Federal Rules of Civil Procedure ("Federal Rules") to protect confidential information during discovery and trial. The court has determined that it is appropriate to enter such an Order for that purpose. It is therefore ORDERED as follows:
The parties agree that they will discuss at the Meeting of Counsel Before Final Pretrial Conference pursuant to Local Rule 16-2 the issue of the use of documents at trial that have been designated as confidential information pursuant to this Order, and will also address this issue with this Court at the Final Pretrial Conference.
1. Applicability. The confidentiality provisions of this Order shall apply to all depositions, deposition transcripts, productions of documents, answers to interrogatories, responses to requests for admissions, and all other discovery taken pursuant to the Federal Rules, as well as testimony adduced at trial, matters in evidence, and any other information that a disclosing party may designate as Confidential Information or Confidential -- Attorney's Eyes Only in connection with this action.
2. Third parties. The terms "disclosing party" and "producing party" encompass not only the parties to this action but third parties who may disclose or produce information, e.g., in response to a subpoena.
3. "Confidential Information" and "Confidential -- Attorney's Eyes Only" (collectively "Covered Information") means information in written, oral, electronic, graphic/pictorial, audiovisual, or other form, whether it be a document, information contained in a document, information revealed during a deposition, information revealed in an interrogatory answer, or otherwise:
(a) which is designated as such by the producing party; and
(b) which constitutes or contains a trade secret or other confidential research, development, business transactions, or commercial information; and
(c) the disclosure of which information is likely to have the effect of harming the competitive position of the producing party; or the disclosure of which information would violate an obligation of confidentiality to a third person, including a court.
4. Examples of Covered Information. In appropriate circumstances, Covered Information might include, by way of example but not of limitation, trade secrets, business plans, operations, research, technical or developmental information, know-how or apparatus, customer lists, contact lists, supplier lists, independent contractor lists, or the production, marketing, sales, shipments, purchases, transfers, identification of customers, inventories, or amount or source of any income, profits, losses, or expenditures of the producing party.
5. Exceptions to confidentiality status. Information will not be deemed Covered Information, and the parties shall use reasonable efforts to ensure that information is not designated as such, if the content or substance thereof:
(a) is at the time of production or disclosure, or subsequently becomes, through no wrongful act or failure to act on the part of the receiving party, easily available to the public through publication or otherwise; or
(b) is already, through no wrongful act or failure to act, in the possession of the receiving party at the time of production.
6. "Other law firm attorneys" means attorneys (i.e., members in good standing of the bar of the highest court of any state or of any federal district court) who are members or employees of the law firms of the outside attorneys of record for any party but who are not themselves of record and who have signed a document in substantially the form of Exhibit A attached hereto.
7. "Law Firm Personnel" means (i) regular full- or part-time employees of the law firms of the outside attorneys of record for any party; and (ii) non-employee clerical personnel engaged by such law firms on a contract basis (e.g., data clerks) who have signed a document in substantially the form of Exhibit A attached hereto; to whom it is necessary that the confidential information in question be disclosed for purposes of any dispute between parties to this lawsuit.
8. "Outside consultants/experts" means persons who are not employed by the receiving party and who are retained by a party or its attorneys of record in this litigation for the purpose of assisting in preparation of this litigation for trial, such as accountants, statisticians, economists, technical consultants or other technical experts, who have signed a document in substantially the form of Exhibit A attached hereto.
9. "Service bureau" means a company that:
(a) is independent of the parties, but a company will not be deemed non-independent solely because it does business, regularly or sporadically, with a party;
(b) is engaged by counsel of record to perform clerical-type services in connection with this litigation, e.g., photocopying, imaging, computer data entry, and the like, or jury consultation services; and
(c) has executed an undertaking to be bound by the provisions of this Order in substantially the form of Exhibit A attached hereto, including the specific undertaking to have its employees who have access to Covered Information sign a document in substantially the form of Exhibit A attached hereto agreeing not to use or disclose such information.
10. "Other qualified person" means any other person (a) who is so designated (i) by order of the court after notice and an opportunity to be heard to all affected parties, or (ii) by agreement of the producing party, and (b) who has signed a document in substantially the form of Exhibit A attached hereto.
11. "Qualified persons" as to Confidential Information means persons who have signed a document in substantially the form of Exhibit A attached hereto and includes the following persons identified in this paragraph (except that the Court, Court personnel and counsel of record for any party and their personnel shall not be required to sign such document):
(a) the Court and its officers, reporters and personnel;
(b) counsel of record for any party and their personnel;
(c) other law firm attorneys and their personnel;
(d) in-house counsel and their staff and paralegals;
(e) service bureaus, subject to the provisions of paragraph 9;
(f) outside consultants/experts for plaintiff and outside consultants/experts for each defendant, with prior notice to each producing ...