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Fena Alexander, On Behalf of Herself, and On Behalf of All Persons v. American Express Company

July 3, 2012

FENA ALEXANDER, ON BEHALF OF HERSELF, AND ON BEHALF OF ALL PERSONS SIMILARLY SITUATED, PLAINTIFF,
v.
AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., AND DOES 1 TO 100, INCLUSIVE,, DEFENDANTS.



The opinion of the court was delivered by: Judge: Hon. Marc L. Goldman

[PROPOSED] PROTECTIVE ORDER GOVERNING THE TREATMENT OF CONFIDENTIAL INFORMATION "DISCOVERY MATTER" Courtroom: 6A Mag.

WHEREAS, Plaintiff Fena Alexander ("Plaintiff") seeks the disclosure of information and documents that constitute: trade secrets, confidential and proprietary research, development, and/or commercial information; or private, personal or other information entitled to be treated as confidential under Fed. R. Civ. P. 26(c) (hereinafter "Confidential Information") of Defendants American Express Company and American Express Travel Related Services Company, Inc. (collectively "Defendants").

WHEREAS, Plaintiff and Defendants (collectively "the Parties") have met and conferred with one another in good faith, and the Parties agree that a stipulated protective order is necessary to protect the Confidential Information.

WHEREAS, the Parties agree that in order to conduct meaningful discovery in accordance with the Federal Rules of Civil Procedure ("FRCP"), a stipulated protective order is necessary and outweighs the interests of the public to gain access to litigation documents and information that may be based in whole or in part upon the information contained within such discovery. See Phillips v. GM Corp., 307 F.3d 1205, 1209-11 (9th Cir. 2002).

THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and

between the Parties and by and between their undersigned counsel, for a protective order governing the treatment of confidential information pursuant to Fed. R. Civ. P. 26(c), and the parties respectfully request that the Court hereby order as follows:

1. This Protective Order governing the treatment of Confidential Information (the "Protective Order") shall govern the handling of all documents, testimony and discovery responses, including all copies, excerpts, and summaries thereof (collectively "Material"), provided during the course of the above-captioned case (the "Litigation") by the Parties to the Litigation or by non-parties, either voluntarily or as required by discovery requests made pursuant to the FRCP.

2. Whether or not designated as "Confidential Material," or "Attorneys-Eyes Only Confidential Material," as defined in paragraph 6 below, the Material shall be used only for purposes of investigating, preparing for, and conducting the Litigation in which such Material is produced, including any appeals thereof, and shall not be used by the parties or any other person for any commercial, business, competitive, or other purpose without the prior written consent of the Producing Person, as defined in Paragraph 6 below, or their counsel.

3. This Protective Order is entered for good cause. This Protective Order is entered into to protect certain "Confidential Material" of the parties, as defined in Paragraph 6 below. In agreeing to this Protective Order, however, neither party waives any objection to the request, disclosure, or use of any Confidential Material.

4. The provisions of this Protective Order shall apply to any "person," which, as used herein, shall include: (a) the parties to the Litigation; and (b) any other person or entity receiving, producing, or disclosing Material in the Litigation.

5. This Protective Order shall not apply to any document, testimony or other information that: (a) is in the public domain at the time of disclosure;

(b) becomes part of the public domain through no fault of the parties; (c) the receiving party can show by written document that the information was in its rightful and lawful possession at the time of disclosure; or (d) the receiving party lawfully receives such information at a later date from a third party without restriction as to disclosure, provided such third party has the right to make the disclosure to the receiving party.

6. Any person who produces Materials (a "Producing Person") may at any time designate said materials as "Confidential" or "Attorneys-Eyes Only Confidential," as applicable, provided that such Producing Person believes in good faith that the Materials contain: (a) trade secrets, confidential and proprietary research, development, and/or commercial information; or private, personal or other information entitled to be treated as confidential under Fed. R. Civ. P. 26(c); (b) any information in the custody, possession, or control of a Producing Person, the disclosure of which, absent this Protective Order, could constitute a violation of any third party's right of privacy or otherwise violate an obligation of confidentiality that such Producing Person owes to a third party; (c) any information appropriately designated as "Attorneys-Eyes Only" information under the applicable legal standard in this jurisdiction; and/or (d) any information by the nature of the circumstances surrounding disclosure, ought in good faith to be treated as proprietary or confidential. In addition, any party may designate as "Confidential" any Material that is produced by any other party or any third party that such party believes in good faith contains Confidential Information as set forth in (a)-(d) above. Each party shall have thirty (30) days from the actual receipt of any Material produced by any other party, or any third party, to designate any such Material as "Confidential." During this thirty-day period, any person receiving any such Material shall treat that Material as "Confidential" under the terms of this Protective Order. Any Material designated as "Confidential" in accordance with this Protective Order will also render "Confidential" any copies, excerpts, summaries, or other documents reflecting or referring to the substance or contents of such Material.

7. Confidential Material shall be subject to the following restrictions: a. Confidential Material shall not be given, shown, made available, or communicated in any way to anyone except those Qualified Persons, specified in sub-paragraph (b) below, to whom it is necessary that such Confidential Material be given or shown for the purposes permitted under paragraph 2 above.

b. Confidential Material may be disclosed, for the purposes set forth in paragraph 2 above, only to a "Qualified Person," defined as follows:

i. counsel of record for the Parties and attorneys, clerical, paralegal, and other staff employed by such counsel who are assisting in the conduct of the Litigation;

ii. the Parties and those officers and employees of the Parties deemed necessary to aid counsel in the conduct of the Litigation, subject to paragraph 8 below;

iii. witnesses (other than parties) during any interview, deposition, hearing, or informal meeting conducted by counsel for the Parties, subject to paragraph 8 below;

iv. such consultants and experts retained by the Parties, or their respective counsel, as they, in good faith, deem necessary to provide assistance in connection with the conduct ...


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