The opinion of the court was delivered by: Honorable Jean P. Rosenbluth
Michael K. Friedland (SBN 157,217) firstname.lastname@example.org Lauren Keller Katzenellenbogen (SBN 223,370) email@example.com Charles Duan (SBN 257,263) firstname.lastname@example.org KNOBBE, MARTENS, OLSON & BEAR, LLP 2040 Main Street, Fourteenth Floor Irvine, CA 92614 Phone: (949) 760-0404 Facsimile: (949) 760-9502 Attorneys for Plaintiff CONTINENTAL APPLIANCES, INC. L. Clint Crosby (Pro Hac Vice) email@example.com Dorian B. Kennedy (Pro Hac Vice) firstname.lastname@example.org BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C. 3414 Peachtree Road NE, Suite 1600 Atlanta, GA 30326 Phone: (404) 577-6000 Facsimile: (404) 221-6501 Attorneys for Defendants SURE HEAT MANUFACTURING, INC. and SHM INTERNATIONAL CORPORATION
STIPULATED PROTECTIVE ORDER AND RELATED COUNTERCLAIMS
IT IS HEREBY STIPULATED AND AGREED by and between the parties to this civil action, through their respective attorneys, as follows:
I. APPLICABILITY AND SCOPE OF STIPULATION
1. As used herein, CONFIDENTIAL INFORMATION refers to information that a producing party claims, reasonably and in good faith, to be its trade secret or other confidential research, development, financial, technical, sales or commercial information within the meaning of Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure. Information to be treated under this Stipulation and Protective Order as CONFIDENTIAL INFORMATION shall include:
a. Information set forth in documents produced pursuant to a party's initial disclosure obligations under Fed. R. Civ. P. 26(a), or in responses to discovery requests made under Fed. R. Civ. P. 31, 33 or 36, or in documents produced for inspection and/or copying or otherwise under Fed. R. Civ. P. 33(d) or 34, or pursuant to a subpoena under Fed. R. Civ. P. 45, provided that, prior to delivery to the receiving party, the responses or copies of documents are marked by the producing party with substantially the following legend:
CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER
Alternatively, documents produced pursuant to a party's initial disclosure obligations under Fed. R. Civ. P. 26(a), for inspection and/or copying or otherwise under Fed. R. Civ. P. 33(d) or 34, or pursuant to a subpoena under Fed. R. Civ. P. 45, may instead use a conspicuous legend consisting of "CONFIDENTIAL" or "CONFIDENTIAL INFORMATION."
b. Information revealed by inspection of things or premises under Fed. R. Civ. P. 34 under terms to be agreed upon by the parties through good-faith negotiations in connection with any such inspection.
c. Information revealed during a deposition upon oral examination under Fed. R. Civ. P. 30, for thirty (30) days following receipt of the transcript by counsel for the producing party, but not thereafter unless, before the thirty-day period has expired, counsel for the producing party notifies counsel for the receiving party in writing that CONFIDENTIAL INFORMATION is set forth in the transcript and specifies in writing the portions of the transcript that disclose CONFIDENTIAL INFORMATION, in which case such portions shall be appropriately marked with a confidentiality notice.
d. Information produced in the form of computer disks, video tapes, or other tangible things in electronic, magnetic, or other stored form, to the extent that each such item produced is marked by the producing party with a confidentiality notice. If such items are printed out by the receiving party, the receiving party must mark each page of the printed version with the confidentiality notice.
2. The types of information identified in paragraphs 1(a), (b), (c), and
(d) may alternatively be designated as "HIGHLY CONFIDENTIAL -ATTORNEYS EYES ONLY," and shall bear the same legend as above in Paragraph 1(a), except changing "CONFIDENTIAL" to "HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY." The designation "HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY" shall be used only for information that the producing party determines, reasonably and in good faith, to consist of: (1) highly sensitive and non-public financial and marketing information, including but not limited to internal financial statements, financial and marketing forecasts, marketing plans, and market assessments; (2) highly sensitive and non-public technical or business information relating to research for, or development or manufacturing of, current products; (3) highly sensitive and non-public technical or research and development information regarding future products; (4) non-public agreements or dealings with any vendor, distributor or customer or with any competitor of a Party to this lawsuit; or
(5) information containing pricing or other sensitive or confidential data. Hereafter, CONFIDENTIAL INFORMATION and HIGHLY CONFIDENTIAL
- ATTORNEYS EYES ONLY INFORMATION may be referred to, separately and collectively, as "PROTECTED INFORMATION."
3. PROTECTED INFORMATION and all other information disclosed by a producing party to a receiving party pursuant to discovery in this action shall be used solely for purposes of this ...