The opinion of the court was delivered by: Honorable David T. Bristow
Vern Schooley (State Bar No. 40301) Email: firstname.lastname@example.org Scott R. Hansen (State Bar No. 164012) Email: email@example.com FULWIDER PATTON LLP Howard Hughes Center 6060 Center Drive, Tenth Floor Los Angeles, California 90045 Telephone: (310) 824-5555 Facsimile: (310) 824-9696 Attorneys for Defendants/Counterclaim Plaintiffs JDA GLOBAL LLC, NOMAD, JOHN D. ALLEN, and SAM FEATHERSTON
[Proposed Amended] STIPULATED PROTECTIVE ORDER
Pursuant to Federal Rules of Civil Procedure 26(c), Plaintiff Wilden Pump and Engineering LLC ("Wilden") and Defendants JDA Global LLC, Nomad, John D. Allen, Thomas Brown and Sam Featherston (collectively "Defendants"), hereby stipulate, subject to the approval of the Court, to entry of the following Protective Order for the protection of trade secret, proprietary and other confidential research, development or sensitive commercial information (collectively "Protected Materials") that may be produced or otherwise disclosed by a party or by non-parties during discovery and the course of this action; whether embodied in physical objects, documents (whether in hard copy or computer readable form), pleadings, written discovery responses, expert reports, notes, summaries, testimony or factual knowledge of persons. The parties expect that sensitive commercial and/or technical information will be produced during the course of discovery which, unless treated in a confidential manner as described in this Protective Order, is likely to cause damage to the producing party.
1. The following definitions shall apply to this Protective Order:
(A) "Designating Party" shall mean any party to this action or non-party producing Protected Material.
(B) "Receiving Party" shall mean any party to this action receiving Protected Material from a Designating Party.
(C) "CONFIDENTIAL -- FINANCIAL INFORMATION" shall mean and refer to any Protected Material of a financial nature that has not been made public that the Designating Party in good faith believes the disclosure of which could subject the Designating Party, or non-party to whom a confidentiality obligation is owed, to a significant competitive disadvantage, but reasonably seems necessary to disclose to at least one designated representative of the opposing party to appropriately evaluate and resolve this dispute, and is intended to encompass past sales revenues and limited related financial performance.
(D) "CONFIDENTIAL" shall mean and refer to any Protected Material that has not been made public that the Designating Party in good faith believes the disclosure of which (i) may cause harm to the business operation of the Designating Party or non-party to whom a confidentiality obligation is owed, (ii) cause improper advantage to others, or (iii) contains sensitive personal information.
(E) "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" shall mean and refer to any Protected Material that is considered in good faith by the Designating Party to be so highly sensitive that disclosure to persons other than limited and specified individuals could cause undue risk of substantial and immediate injury to the business of the Designating Party or non-party to whom a confidentiality obligation is owed. Such Protected Material shall include, but is not limited to, customer lists, distributor lists, and supplier lists.
(F) "Qualified Persons" shall mean those persons entitled to view or receive certain Protected Material.
Authorized Designations Under Protective Order
2. The following authorization for Qualified Persons applies to the following specified designations per this Protective Order:
(A) Protected Material which has been designated as "CONFIDENTIAL -- FINANCIAL INFORMATION," or the substance thereof, may not be disclosed by any person, including parties in this action, other than the party or witness producing it, except solely for the purpose of this litigation, and then only to the following persons:
(i) All counsel of record engaged in the litigation of this action, and professional, clerical, secretarial and other support personnel of such counsel necessary to assist in this action;
(ii) Any persons whose name appears on the face of the Protected Material as an author, addressee or prior recipient thereof;
(iii) Any person who is determined to have been an author and/or previous recipient of the Protected Material, but is not identified on the face thereof, provided there is prior sworn testimony of actual authorship or receipt of the Protected Material by such Person;
(iv) Up to two specified representatives of each corporate Receiving Party who are assisting counsel in the prosecution or defense of this action. The specified corporate representatives are as follows:
(1) Denny Buskirk, President
(2) Daniel Anderson, Director of Finance
(2) Thomas Brown, President
(v) Subject to the Pre-Approval Authorization Procedures set forth in Paragraph 4 below, independent experts, consultants or translators who are retained by the parties or their respective attorneys solely for the purpose of assisting counsel in the prosecution, defense or settlement of this litigation, who have never served as a director, officer, or employee of the parties to the suit and who do not presently have any other contractual or business relationship with the parties to the suit and who are not current employees of any direct competitor of any party to this litigation.
(vi) Witnesses at any deposition or other proceeding in this action pursuant to the conditions set for in Paragraph 9(e) below;
(vii) The United States District Court for the Central District of California and its personnel, including the jury, the United States Court of Appeals for the Ninth Circuit and its personnel, and any other court of competent jurisdiction having involvement in this matter and its personnel;
(viii) Court reporters, stenographers, and video reporters/videographers who are retained to transcribe or videotape testimony, including depositions, in this action;
(ix) Any designated arbitrator who is assigned to hear and adjudicate the above-captioned litigation, or any mediator who is assigned to mediate the above-captioned litigation or consulted by agreement of the parties in any attempt to settle this matter, and any of their respective personnel;
(x) Professional litigation support vendors retained by or for the parties for document copying, document coding or computerization services, preparing audiovisual aids (e.g., exhibits, models, graphics and video, and demonstrative exhibits for use in the courtroom), and other trial support and/or trial consulting services, including jury research consultants, jury selection consultants, analytical graphics consultants, and trial presentation consultants, as well as their staff, stenographic, and clerical employees whose duties and responsibilities require access to such materials, who are not current employees of any party to this litigation or of any direct competitor of any party to this litigation, provided the vendor acknowledges its obligation to keep the information so provided confidential consistent with this Order and use the information only as part of performing professional litigation support services requested in this litigation;
(xi) Mock jurors hired by trial consultants in connection with this litigation may only be told about or shown "CONFIDENTIAL -- FINANCIAL INFORMATION," "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" information provided (i) they are not affiliated with any party to this action or any direct competitor of any party, (ii) they agree in writing to maintain the confidentiality of the material, and (iii) they are not themselves given custody of any Protected Material, nor permitted ...