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Margie Daniel, Robert Mccabe v. Ford Motor Company

March 16, 2012

MARGIE DANIEL, ROBERT MCCABE,
MARY HAUSER, DONNA GLASS, AND ANDREA DUARTE, INDIVIDUALLY AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED INDIVIDUALS
PLAINTIFFS,
v.
FORD MOTOR COMPANY, A DELAWARE CORPORATION,
DEFENDANT.



STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER

Discovery in this action is likely to involve production of material that the producing party 24 contends is confidential, proprietary, or private information for which special protection from public 25 disclosure and from use for any purpose other than prosecuting this litigation would be warranted, 26 including but not limited to (1) engineering documents, including design drawings and 27 specifications, (2) test documents and testing procedures; (3) manufacturing specifications and 28 procedures; (4) internal business or financial information; and (5) any other similar proprietary, confidential, or private information, including but not limited to trade secrets. A protective order is 2 necessary for information in categories (1), (2), (3) and (4) because the producing party operates in 3 a highly competitive, global marketplace and is dependent upon its technical and business know-4 how to achieve and maintain a competitive advantage. Disclosure of this information could result 5 in serious and immediate competitive and economic harm. Information in category (5) may include 6 such things as personally identifying information, trade secrets not falling within one of the other 7 categories, and competitive intelligence, and must be protected for personal privacy or competitive 8 protection reasons. Because information produced in this case may be shared with consulting and 9 testifying experts, a private agreement between the parties would not suffice, and a court order is 10 required. 11

Therefore, to expedite the flow of discovery material, facilitate the prompt resolution of 12 disputes over confidentiality, adequately protect material entitled to be kept confidential, and ensure 13 that protection is afforded only to material so entitled, and based on good cause, it is, pursuant to the 14 Court's authority under Federal Rule of Civil Procedure ("FRCP") 26(c)(1) and Local Rule 141.1, 15 and with the consent of the parties, hereby ORDERED: 16

1. Scope of Order.

This Order is intended to facilitate the Parties' production of 17 information and documents as part of voluntary disclosure and in response to discovery requests. 18 Nothing in this Order is to be construed to expand or limit the Parties' discovery obligations. This 19 Order covers the production and use of all Protected Documents in this action that constitute, 20 contain or disclose, in whole or in part, information which the Designating Party designates as 21 "Confidential." This Order is also intended to apply to any documents produced to the Parties by a 22 non-party in connection with a subpoena. 23

2. General Definitions.

For purposes of this Order, the following terms have the 24 following meanings: 25

a. Pursuant to FRCP 26(c)(1)(G) and Cal. Civil Code § 3426., "Confidential Information" shall mean trade secrets or other confidential research, development, or commercially 27 sensitive business information, the disclosure of which would cause competitive harm, that is 28 contained in Protected Documents.

b. "Designating Party" shall mean the Party or non-party designating Discovery Material as "Confidential." 3

c. "Discovery Materials" shall mean and include, without limitation, Documents, including Electronically Stored Information (ESI), responses to interrogatories, 5 requests for admissions, or other discovery requests, physical objects, samples, CD-ROMs, tapes or 6 other items, deposition transcripts and exhibits thereto, and information provided by or on behalf of 7 the Parties or any non- party witness pursuant to subpoena or otherwise in the course of discovery. 8

d. "Document" shall mean and include, without limitation, all written material, videotapes and all other tangible items, produced in whatever format (e.g., hard copy, electronic, 10 digital, etc.) and on whatever media (e.g., hard copy, videotape, computer diskette, CD-ROM, 11 DVD, hard drive or otherwise) defined as broadly as permitted under FRCP 34. 12

e. "Party" or "Parties" shall mean and include the parties to this litigation.

f. "Pleadings" shall mean and include, without limitation, all papers, motions, briefs, affidavits, declarations, exhibits, etc., filed with the Court. 15
g. "Protected Documents" shall mean documents to be produced in this litigation which contain Confidential Information. 17

3. Designating Confidential Information.

a. All designations of Confidential Information shall be made in good faith by 19 the Designating Party and made at the time of disclosure, production, or tender. 20

b. The designation of Confidential Information may be made by marking or 21 placing the applicable notice "Subject to Protective Order," "Confidential," or substantially similar 22 notice, on the document, or, where a copy of the original document is to be produced, on that copy. 23

c. Any document or any information designated as "Subject to Protective Order," "Confidential," or similar language in accordance with the provisions of this Order shall 25 only be used, shown or disclosed as provided in this Order. 26

d. The burden of proving that a Protected Document contains Confidential Information is on the Designating Party. Prior to designating any material as "Confidential," the 28 Designating Party must make a bona fide determination that the material is, in fact, a trade secret or 2 other confidential research, development, or commercial information pursuant to FRCP 26(c)(1)(G). 3

e. If a Party disagrees with the "Confidential" designation of any Protected Document, the party will so notify the Designating Party in writing. Counsel shall confer in good 5 faith in an effort to resolve any dispute concerning such designation or redaction. If the objection 6 cannot be resolved by agreement, the Party challenging the "Confidential" designation may move 7 the Court to overrule the confidentiality designation or redaction. Any opposition to such motion 8 shall be filed within fourteen days of the filing of such motion. The document or information 9 whose "Confidential" designation or redaction is objected to shall continue to be treated as "Confidential," as applicable, until the motion has been decided by the Court. In the event that a 11 motion to overrule a confidentiality designation is granted, the Designating Party shall cause the 12 confidentiality legend or redaction to be removed from such documents within fourteen days 13 following entry of the Court's order.

4. Use and Disclosure of Protected Documents.

a. Protected Documents and any copies thereof received pursuant to this Protective Order shall be maintained Confidential by the receiving party, his/her attorney, other 17 representatives, and expert witnesses, and shall be used only for purposes of this action, only, 18 subject to the limitations set forth herein. The persons or entities identified in Paragraph 4(b)(i)-(ix) 19 below to whom Protected Documents are disclosed pursuant to this Order shall keep all such 20 materials and information, and any copies, notes, extracts, summaries, or descriptions of such 21 material, within their exclusive possession and control, shall treat all such copies, notes, extracts, 22 summaries, or descriptions of the Protected Documents or any portion thereof as Confidential, shall 23 take all ...


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