The opinion of the court was delivered by: Hon. Dean D. Pregerson
[DISCOVERY DOCUMENT: Referred to Magistrate Judge Suzanne H. Segal]
[PROPOSED]AMENDED STIPULATED PROTECTIVE ORDER
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Richard Reinsdorf ("Reinsdorf") and Defendants Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II (hereinafter collectively referred to as "Skechers") as follows:
Discovery activity in this action is likely to involve production and disclosure of certain documents and information pertaining to the parties' financial information, personnel records, product development, marketing or business strategies, or other kinds of competitive, commercially sensitive or proprietary information, which require special protection from public disclosure and from use for any purpose other than prosecuting this litigation. For example, Reinsdorf has requested that Skechers produce documents related to its marketing plans and data, agreements with third parties, prior settlement agreements with third parties, and various financial documents. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Amended Stipulated Protective Order. The parties acknowledge that this Amended Stipulated Protective Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as confidential. The parties further acknowledge, as set forth in Section 10, below, that this Amended Stipulated Protective Order creates no entitlement to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and reflects the standards that will be applied when a party seeks permission from the Court to file material under seal.
2.1. Party: any party to this action, including all of its officers, directors, employees, house counsel, corporate parents, subsidiaries, affiliates, consultants, retained experts, and outside counsel (and their support staff).
2.2. Disclosure or Discovery Material: all items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.
2.3. "Confidential" Information or Items: information (regardless of how generated, stored or maintained) or tangible things related to: non-public financial or business plans and strategies, projections or analyses; non-public personnel records; non-public employee, independent contractor, and third party compensation and related issues; contracts and other documents concerning compensation and employment; strategic transactions or other business combinations; acquisition offers or expressions of interest; non-public studies or analyses by internal or outside experts; non-public competitive analyses; product development; and non-public business and marketing plans, data and strategies.
2.4. "Highly Confidential -- Attorneys' Eyes Only" Information or Items: information (regardless of how generated, stored or maintained, including testimony or documents) or tangible things related to (i) Skechers' General Ledger; and (ii) Skechers' annual Media Budget Summaries.
2.5. Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.
2.6. Producing Party: a Party or non-party that produces Disclosure or Discovery Material in this action.
2.7. Designating Party: a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as "Confidential."
2.8. Protected Material: any Disclosure or Discovery Material that is designated as "Confidential."
2.9. Outside Counsel: attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action.
2.10. House Counsel: attorneys who are employees of a Party.
2.11. Counsel (without qualifier): Outside Counsel and House Counsel (as well as their support staffs).
2.12. Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been or may be retained by a Party or its counsel to serve as an expert witness or as a consultant in this action and who is not a current employee of a Party or a direct competitor of a Party and who, at the time of retention, is not anticipated to become an employee of a Party or a direct competitor of a Party. This definition includes a professional jury or trial consultant retained in connection with this litigation.
2.13. Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.
The protections conferred by this Amended Stipulated Protective Order cover not only Protected Material (as defined above), but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by parties or counsel to or in court or in other settings that might reveal Protected Material.
Following the conclusion or termination of this litigation, the confidentiality obligations imposed by this Amended Stipulated Protective Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs.
5.DESIGNATING PROTECTED MATERIAL
5.1. Exercise of Restraint and Care in Designating Material for Protection. Each Party or non-party that designates information or items for protection under this Amended Stipulated Protective Order shall limit any such designation to specific material that qualifies under the appropriate standards. A Designating Party shall designate for protection only those parts of material, documents, items, or oral or written communications that qualify - so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Amended Stipulated Protective Order.
If a Party or a non-party concludes that information or items that it or that has been designated for protection does not qualify for protection at all, or does not qualify for the level of protection initially asserted, that Party or non-party must promptly notify all other parties in writing that it is withdrawing the incorrect designation or that it is challenging the designation.
5.2. Manner and Timing of Designations. Except as otherwise provided in this Amended Stipulated Protective Order (see, e.g., second paragraph of section 5.2(a) and section 5.3, below), or as otherwise stipulated or ordered, material that qualifies for protection under this Amended Stipulated Protective Order must be clearly so designated before the material is disclosed or produced.
Designation in conformity with this Amended Stipulated Protective Order requires:
(a) for information in documentary form (apart from transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" on each page that contains protected material.
(b) for testimony given in deposition or in other pretrial or trial proceedings, that the Party or non-party offering or sponsoring the testimony identifies on the record, before the close of the deposition, hearing, or other proceeding, all protected testimony, and further specify any portions of the testimony that qualify as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY." When it is impractical to identify separately each portion of testimony that is entitled to protection, and when it appears that substantial portions of the testimony may qualify for protection, the Party or non-party that sponsors, offers, or gives the testimony may invoke on the record (before the deposition or proceeding is concluded) a right to have up to 20 days from the date of receipt of the transcript to identify the specific portions of the testimony as to which protection is sought and to specify the level of protection being asserted ("CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY"). When this right has been invoked, the transcript shall be treated as "CONFIDENTIAL" during the sooner of: (a) 20 days from the date of receipt of the transcript; or (b) the date that the specific portions of testimony for which protection is sought have been designated as "CONFIDENTIAL" or "HIGHLY ...