WHEREFORE, IT IS HEREBY STIPULATED by and among Plaintiffs and Defendants, through their respective counsel, and expert witnesses, Michael H. Evans and Ralph F. Pavey, as follows:
A. Plaintiffs Dennis Gallagher and Shelley Gallagher ("Plaintiffs") and Defendants Terry J. Holt (also known as Jan Mace) and Jerri A. Wells ("Defendants") are parties to this action pending in the United States District Court for the Eastern District of California, Sacramento Division (the "Action").
B. Michael H. Evans ("Evans") is a real estate appraiser and has been retained by Plaintiffs as expert in this action. Evans is an appraiser licensed by the State of California to appraise the value of real property. Evans performs appraisals throughout California, but primarily works in Butte, Glenn, Colusa, Fresno, Yuba, Sutter, Tehama, Shasta, Siskiyou, San Diego, Sacramento, El Dorado, Modoc, and Lassen Counties. Evans has been actively engaged in the real estate appraisal field since 1983.
C. Ralph F. Pavey ("Pavey") is a real estate appraiser and has been retained by Defendants as an expert witness in this action. Pavey is an appraiser licensed by the State of California to appraise the value of real property. Pavey performs appraisals throughout Northern California, but works primarily in Sacramento, Yolo, San Joaquin, Sutter, and Solano Counties. Pavey has been an independent appraiser since 1987.
D. Evans and Pavey have each appraised real property owned by more than one individual or entity. In performing their appraisals, Evans and Pavey have estimated the discount rate to apply based on the fractional ownership interest in the real property. Over the years, Evans and Pavey have each assembled their own substantial amount of information, much of which is not readily available to the public, which they each have used to develop a significant process for estimating the fractional interest discount to be applied in valuing real property owned by multiple parties. Evans and Pavey believe that the information they each have assembled is sensitive research, development, commercial, personal, financial or proprietary information that is unavailable to the public and not readily determinable from public sources, or documents or information that is otherwise protected under applicable law. The information assembled by Evans and Pavey provides each of them with a competitive economic advantage over other appraisers because it enables them to more effectively and efficiently value the fractional interest in property owned by a number of individuals and entities.
E. The information described in Paragraph D above will be described collectively as "Proprietary Data."
F. Evans and Pavey keep their Proprietary Data confidential and each considers their Proprietary Data to be a trade secret. Evans and Pavey believe that disclosing this Proprietary Data would effectively confer the benefits of this extensive work and analysis on other appraisers and deprive each of them of the competitive advantage each receives through the use of their Proprietary Data.
G. Evans has been retained by Plaintiffs to express an opinion regarding the value of the one sixth ownership interest in the property that was the subject an appraisal. Evans has also submitted a supplemental written report dated March 13, 2012 setting forth his opinions and the basis for these opinions. In preparing his report, Evans relied on some of his Proprietary Data. Evans has been asked to produce the Proprietary Data which he relied upon and to testify regarding that Proprietary Data at his deposition.
H. Pavey has been retained by Defendants to express an opinion regarding the value of the one sixth ownership interest in the property that was the subject of an appraisal. Pavey has also submitted a written report dated April 2, 2012 setting forth his opinions and the basis for these opinions. In preparing his report, Pavey relied on some of his Proprietary Data. Pavey has been asked to produce the Proprietary Data upon which he relied and to testify regarding that Proprietary Data at his deposition.
I. Plaintiffs, Defendants, Evans and Pavey have agreed that Evans and Pavey will each produce their Proprietary Data upon which they relied and, if asked, will testify regarding their respective Proprietary Data subject to this Protective Order.
SCOPE OF PROTECTIVE ORDER
1. The Proprietary Data is subject to the terms and conditions of this Protective Order, can be used only as permitted herein, and shall be used solely for the purposes of this Action. This Protective Order is entered solely for the purpose of facilitating the exchange of documents and information between Evans, Pavey and the parties to the Action without involving the Court unnecessarily in the process. The protection under this Protective Order may be invoked with respect to any documents, testimony, information, and things (collectively "materials") produced or created in this action that contain Proprietary Data. As set forth below, materials, including the Proprietary Data, may be designated as "Confidential." Such designation may be made by any party or non-party ...