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Sidel Participations Sas v. Blow Mold Services

July 9, 2012

SIDEL PARTICIPATIONS SAS, PLAINTIFF,
v.
BLOW MOLD SERVICES, INC., DEFENDANT.



The opinion of the court was delivered by: David T. Bristow United States Magistrate Judge

STIPULATED ORDER FOR THE PROTECTION OF CONFIDENTIAL INFORMATION

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Sidel Participations SAS and Blow Mold Services, Inc. (collectively, "the parties") as set forth herein:

Disclosure and discovery activity in this action are likely to involve production and disclosure of certain documents and information pertaining to the parties' financial information, competitive information, personnel information, product development, or other kinds of commercially sensitive or proprietary information, which require special protection from public disclosure and from use for any purpose other than prosecuting this litigation. Accordingly, the parties stipulate to and petition the Court to enter the following Stipulated Order for the Protection of Confidential Information ("Stipulated Protective Order").

1.Designation of Discovery Materials as Confidential or Attorneys' Eyes Only. All information produced, including documents produced in the course of discovery, all answers to interrogatories, all answers to requests for admission, all responses to requests for production of documents, all deposition testimony and deposition exhibits, and 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 during discovery-related proceedings or in other settings outside of the court that might reveal same shall be subject to this Stipulated Protective Order, as set forth below. Presentations or disclosures made during non-discovery related pretrial court proceedings and/or trial are not subject to this Stipulated Protective Order, and shall be raised with the judicial officer conducting such proceedings at the appropriate time.

a) "Confidential Information" for purposes of this Stipulated Protective Order includes two categories of information: "CONFIDENTIAL" and "ATTORNEYS' EYES ONLY." One who provides material may designate it as "CONFIDENTIAL" for purposes of avoiding invasion of privacy or protecting proprietary information, confidential business or financial information, trade secrets as defined under California Civil Code § 3426.1, personal or financial affairs. One who provides material may designate it as "ATTORNEYS' EYES ONLY" only when such person in good faith believes the information is particularly sensitive because it relates to trade secrets as defined under California Civil Code § 3426.1, technical practices or methods, research or development, marketing plans, product data or projections, financial data, business strategy, or agreements and relationships with third parties that, if discovered by the opposing party, might give the opposing party a competitive advantage over the producing party or otherwise risk harm to the business of the producing party.

Prior to the entry of this Stipulated Protective Order, (1) materials filed in Court under seal (2) materials provided to the Court and outside counsel at any hearing and labeled "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY," (3) deposition testimony designated as "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY" and (4) materials produced by the parties labeled "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY" shall be treated as ATTORNEYS' EYES ONLY. Each party retains its right to challenge any designation under this Stipulated Protective Order, including those automatically designated under this paragraph.

The designation of Confidential Information shall be made by placing or affixing the words "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY," as the case may be, on the documents, in a manner which will not interfere with their legibility. Except for documents produced for inspection at the party's facilities, the designation of Confidential Information shall be made prior to, or contemporaneously with, the production or disclosure of that information. In the event that documents are produced for inspection at the party's facilities, such documents may be produced for inspection before being marked as Confidential Information. Once specific documents have been designated for copying, any documents containing Confidential Information will then be marked in accordance with this Stipulated Protective Order after copying but before delivery to the party who inspected and designated the documents. There will be no waiver of confidentiality by the inspection of documents containing Confidential Information before such documents are copied and marked in accordance with the requirements of this Stipulated Protective Order.

Confidential Information shall not include information that: (i) becomes public knowledge, as shown by publicly available writings, other than through violation of the terms of this Stipulated Protective Order; (ii) is or was acquired lawfully by a non-designating party that has no obligation to the owner of the information; (iii) is or was disclosed by a non-designating party with the approval of the designating party; or (iv) is or has been independently developed by the Receiving Party.

b) Portions of depositions of a party's present and former officers, directors, employees, agents, experts, and representatives shall be deemed CONFIDENTIAL or ATTORNEYS' EYES ONLY only if they are designated as such when the deposition is taken or within thirty (30) days after receipt of the transcript. Any testimony which describes a document designated as CONFIDENTIAL or ATTORNEYS' EYES ONLY shall also be deemed to be designated as CONFIDENTIAL or ATTORNEYS' EYES ONLY, as the case may be.

c) Information or documents designated as CONFIDENTIAL under this Stipulated Protective Order shall not be used or disclosed by the parties or outside counsel for the parties or any persons identified in subparagraphs (d) and (f) below for any purposes whatsoever other than preparing for and conducting the litigation in which the information or documents were disclosed (including appeals).

d) The parties and outside counsel for the parties shall not disclose or permit the disclosure of any documents or information designated as CONFIDENTIAL under this Stipulated Protective Order to any other person or entity, except that disclosures may be made in the following circumstances:

i) Disclosure may be made to outside counsel and employees of outside counsel for the parties who have direct functional responsibility for the preparation and trial of the lawsuit. Any such employee to whom outside counsel for the parties makes a disclosure shall be provided with a copy of, and become subject to, the provisions of this Stipulated Protective Order requiring that the documents and information be held in confidence.

ii) The parties each may select no more than three (3) of their management level employees and two (2) in-house counsel to review information designated as CONFIDENTIAL under this Stipulated Protective Order. These selected employees and in-house counsel shall not receive CONFIDENTIAL materials unless and until they have signed and returned to outside counsel for the non-designating party the acknowledgement attached hereto, and said outside counsel has provided outside counsel for the designating party with a copy of the signed acknowledgement.

iii) Disclosure may be made to court reporters engaged for depositions and those persons, if any, specifically engaged for the limited purpose of making photocopies of documents.

iv) Disclosure may be made at depositions to the producing party's employees.

v) Disclosure may be made to graphics or design services retained by outside counsel for purposes of preparing demonstratives or other exhibits for depositions, hearings or trial in this action only after such persons have signed and returned to outside counsel for the non-designating party the acknowledgement attached hereto. Upon termination of the case (i.e., upon settlement of the case together with a dismissal of the case with prejudice, or upon final judgment from which no further appeals are taken or available) outside counsel for the non-designating party shall provide the signed acknowledgments to outside counsel for the designating party. If, while the case is pending, the designating party has a good faith basis to believe that its documents have been disclosed in violation of the terms of this protective order, outside counsel for the designating party may bring the matter to the attention of outside counsel for the non-designating party, and the parties will address the issue with the Court as necessary.

vi) Disclosure may be made to litigation and jury consulting services in preparation for trial, retained by counsel for the parties only after such persons have signed and returned to outside counsel for the non-designating party the acknowledgement attached hereto. Upon termination of the case (i.e., upon settlement of the case together with a dismissal of the case with prejudice, or upon final judgment from which no further appeals are taken or available) outside counsel for the non-designating party shall provide the signed acknowledgments to outside counsel for the designating party. If, while the case is pending, the designating party has a good faith basis to believe that its documents have been disclosed in violation of the terms of this protective order, outside counsel for the designating party may bring the matter to the attention of outside counsel for the non-designating party, and the parties will address the issue with the Court as necessary.

vii) Disclosure may be made to an independent court advisor only after such advisor has signed and returned to outside counsel for the non-designating party the acknowledgement attached hereto, and said outside counsel has provided outside counsel for the designating party with a copy of the signed acknowledgement.

viii) Disclosure may be made to non-party consultants, investigators, or experts (hereinafter referred to collectively as "Experts") (and their assistants and staff) employed by the parties or outside counsel for the parties to assist in the preparation and trial of the lawsuit only after ten (10) business days following written notice to the opposing party of the proposed disclosure to the consultant, investigator, or expert. With the written notice shall be included a fully executed copy of the acknowledgement attached hereto, completed by the consultant, investigator or expert, along with a copy of his or her current curriculum vitae. If the opposing party objects, in writing, to disclosure to the consultant, investigator, or expert within the ten (10) business day period, no disclosure of material designated as CONFIDENTIAL may be made to the consultant, investigator, or expert. If the parties cannot resolve the issue after conferring, the party objecting to the proposed disclosure may thereupon move pursuant to L.R. 37 to request an appropriate order from the Court disqualifying the consultant, investigator, or expert or protecting against the proposed disclosure to the consultant, investigator, or expert. Until the Court ...


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