The opinion of the court was delivered by: Hon. Manuel L. Real United States District Court Judge
Sachin R. Mehta, S.B. No. 223572 Jessica D. Lew, S.B. No. 225459 MEHTALEGAL 3400 Airport Avenue, Suite 20 Santa Monica, California 90405 Telephone: (310) 390 -- 1200 Fax: (310) 390 -- 1300 Email: firstname.lastname@example.org Attorney for Plaintiff PROSERIES LLC
Assigned to: The Honorable Manuel L. Real
[PROPOSED] STIPULATED PROTECTIVE ORDER
Plaintiff ProSeries, LLC ("Plaintiff") and Defendants Total Ice Therapy, Pete's Ice, and Peter Lowenberg (collectively, " Lowenberg Defendants") have stipulated and agreed to the entry of this Stipulated Protective Order to govern the limitation of disclosure of certain information to be produced in this litigation that contains trade secrets or other confidential research, development, or sensitive commercial information. Plaintiff and the Lowenberg Defendants agree that any confidential disclosures made pursuant to this Stipulated Protective Order are limited to the parties that execute this Stipulation and its Attachment A. Accordingly, the Court finds that good cause supports the entry of this Stipulated Protective Order.
IT IS HEREBY STIPULATED, AGREED, AND ORDERED, pursuant to Rule 26 of the Federal Rules of Civil Procedure, that the information, testimony, documents and other things, including the substance and content thereof, produced or otherwise disclosed by any party or non-party in discovery in this litigation shall be subject to the terms and provisions of this Stipulated Protective Order as set forth below.
1. By designating a document, thing, material, testimony, or other information derived therefrom as "confidential," under the terms of this Order, the party making the designation is certifying to the Court that there is a good faith basis both in law and fact for the designation within the meaning of Federal Rules of Civil Procedure 26(g).
2. Confidential documents shall be so designated by stamping copies of a document produced to a party which the legend, "CONFIDENTIAL." Stamping the legend, "CONFIDENTIAL" on the cover of any multipage documents shall designate all pages of the document as confidential, unless otherwise indicated by the producing party.
3. Testimony taken at deposition, conference, hearing, or trial may be designated as confidential by making a statement to that effect on the record at the deposition or other proceeding. Arrangements shall be made with the court reporter taking and transcribing such proceedings to separately bind such portions of the transcript containing information designated as confidential, and to label such portions appropriately.
4. Material designated as confidential under this Order, the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as confidential ("Confidential Material"), shall be used only for the purpose of the prosecution, defense, or settlement of this Action, and for no other purpose.
5. Confidential Material produced pursuant to this Order may be disclosed, or made available only to the Court, to counsel for a party (including the paralegal, clerical, and secretarial staff employed by such counsel) that has agreed to be bound by this Stipulated Protective Order, and to the "Qualified Persons" designated below:
a. A party, or any present officer, director, or employee of a party deemed necessary by counsel to aid in the prosecution, defense, or settlement of this Action;
b. Experts or consultants (together with their clerical staff) retained by such counsel to assist in the prosecution, defense, or settlement of this Action;
c. Court reporters employed in this Action;
d. A witness at any deposition or other proceeding in ...