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James De Cordova, An Individual v. Mcg Nevada

April 9, 2012

JAMES DE CORDOVA, AN INDIVIDUAL, PLAINTIFF,
v.
MCG NEVADA, INC. A NEVADA CORPORATION DOING BUSINESS AS SLEEP MASTER; MARC C. GORDON, AN INDIVIDUAL; CYNTHIA J. CALLENDAR-GORDON, AN INDIVIDUAL; AND DOES 1 THROUGH 10 INCLUSIVE, DEFENDANTS. MARC C. GORDON, AN INDIVIDUAL; AND CYNTHIA J. CALLENDAR-GORDON, AN INDIVIDUAL, COUNTERCLAIMANTS,
v.
JAMES DE CORDOVA, COUNTERCLAIM DEFENDANT.



The opinion of the court was delivered by: (Hon. R. Gary Klausner)

[PROPOSED] STIPULATED PROTECTIVE ORDER

WHEREAS the Plaintiff/Counterdefendant James de Cordova ("de Cordova"), and Defendants/Counterclaimants Marc C. Gordon and Cynthia J. Callendar-Gordon ("Gordon") (collectively, "the Parties"), hereby acknowledge that certain documents and other information being produced in this litigation include confidential, proprietary and/or trade secret information relating to the business of each Party, which, if disclosed, would harm the Party's business, commercial, or financial interests; and

WHEREAS the Parties desire to expedite the flow of discovery material, and facilitate the prompt resolution of disputes over confidentiality of discovery materials; and

WHEREAS the Parties desire to adequately protect information the Parties are entitled to keep confidential as well as ensure that only such materials are subject to special treatment;

WHEREAS the Parties respectfully submit that protection of this confidential information will protect the Parties from unfair competition, burden, and expense; and

IT IS HEREBY STIPULATED AND AGREED, by and between the Parties that the following Order should be entered by the Court, in accordance with Rule 26(c) of the Federal Rules of Civil Procedure ("Protective Order").

The following terms and conditions shall govern the use and treatment of documents, materials, items, tangible things, and/or information produced by Parties or non-Parties in this lawsuit:

1. Good Cause Statement: The Parties believe that good cause exists for the entry of this Protective Order because materials designated as "Confidential" or "Confidential-Attorneys' Eyes Only" constitute trade secret, proprietary or other confidential information the disclosure of which is likely to have the effect of harming the competitive position of the designating Party or violating an obligation of confidentiality to a third Party.

2. Scope: All documents, materials, items, tangible things, and/or information that contain or comprise confidential, proprietary and/or trade secret information, including sensitive research, development or commercial information within the scope of Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure that are produced either by a Party or by a non-Party to or for any of the Parties or their experts shall be governed during discovery in this action by this Protective Order ("Protected Material").

3. "Confidential" or "Confidential-Attorneys' Eyes Only" Information: Protected Material produced by any Party or non-Party may be designated by such Party or non-Party as "Confidential" or "Confidential-Attorneys' Eyes Only." "Confidential" or "Confidential-Attorneys' Eyes Only" information shall include information of the following type:

a. trade secret entitled to protection under the Uniform Trade Secrets Act, as adopted in California;

b. technical, financial, or marketing information which the disclosing Party reasonably believes would cause competitive harm to the disclosing Party if it were publicly disclosed; or

c. information which the disclosing Party has independently agreed in the ordinary course of business to maintain in confidence for the benefit of a third Party, such as proprietary chemical formulae or other confidential technical information provided by a third Party.

4. "Confidential-Attorneys' Eyes Only" Designation: The Parties agree that the following highly sensitive information, if non-public, shall be presumed to merit the "Confidential-Attorneys' Eyes Only" designation since such information is particularly sensitive and/or of immediate competitive significance: trade secrets, pricing information, proprietary chemical formulation and manufacturing data, financial data, sales information, sales or marketing plans, customer information, business plans, sales or marketing strategy, competitive analysis, performance metrics and reports, business intelligence information, product development information, research and experimental testing information, strategic plans, management reports, information obtained from a non-party that is subject to confidentiality obligations, licensing documents and communications, and settlement agreements or communications. Care shall be taken by the producing Party to use the designation "Confidential-Attorneys' Eyes Only" only where the producing Party has a good faith belief that such protection is needed. Access to all Protected Material that is designated "Confidential-Attorneys' Eyes Only" shall be limited to only those persons designated in Paragraphs 6(a), (c), (d), (e), (f), and (g). However, no Party is precluded from requesting from the other Party in discovery the specific ingredient list complete with percentages of each ingredient.

5. Previously-Disclosed Material: No material shall be designated "Confidential" or "Confidential-Attorneys' Eyes Only" if the material has been published, distributed to the public, or disclosed to a non-party without a confidentiality agreement or a reasonable expectation that the material would be maintained by the non-Party in confidence.

6. Dissemination of Protected Material: Protected Material classified as "Confidential" may be disclosed only to the following persons, except upon the prior written consent of the designating Party or further Order of the Court:

a. Outside attorneys of record in this matter, and regular employees of such attorneys assigned to and necessary to assist in the conduct of this action;

b. Officers, employees, and in-house counsel for each Party, provided that they are materially involved in the prosecution, defense, or settlement of this matter, and provided further that such persons comply with Paragraph 7 of this Protective Order;

c. Independent experts and consultants, including jury consultants, trial consultants, and graphics and animation specialists (collectively, "experts") retained in this action by the outside attorneys of record, provided that the expert satisfies ...


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