Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Liliana Cardenas, On Behalf of Herself and All Other Similarly Situated California Residents v. Nbty

August 17, 2012

LILIANA CARDENAS, ON BEHALF OF HERSELF AND ALL OTHER SIMILARLY SITUATED CALIFORNIA RESIDENTS,
PLAINTIFF,
v.
NBTY, INC., A DELAWARE CORPORATION AND REXALL SUNDOWN, INC., A FLORIDA CORPORATION, DEFENDANTS.



The opinion of the court was delivered by: Hon. Carolyn K. Delaney United States Magistrate Judg

Judge Karlton, Ctrm. 4

STIPULATION AND PROTECTIVE ORDER

The parties, Plaintiff Liliana Cardenas ("Plaintiff") and Defendants NBTY, Inc. and Rexall Sundown, Inc. ("Defendants"), having consented to entry of this Stipulation and [Proposed] Protective Order ("Protective Order"), as evidenced by the signatures of their counsel hereon, and for good cause shown, pursuant to Fed. R. Civ. P. 26(c), IT IS HEREBY ORDERED THAT:

1. Introduction and Scope.

This Protective Order shall govern any designated record of information produced in this action, including all designated deposition testimony; all designated testimony taken at a hearing or other proceeding; and designated interrogatory answers, documents, and other discovery materials, whether produced informally or in response to interrogatories, requests for admissions, requests for production of documents, or other formal method of discovery. This Protective Order shall also govern any designated record of information produced in this action pursuant to required disclosures under any Federal or Local procedural rule, and any supplementary disclosures thereto.

2. Designation as "Confidential" or "Confidential -- Attorneys' Eyes Only."

a. Each party shall have the right to designate as confidential, and subject to this Protective Order, any information, document, or portion of any document, produced by it in this litigation that it in good faith believes to contain sensitive or confidential financial, business, personal, or technical information. Designation of information or documents as confidential shall be made by stamping each page of the material containing confidential information with the legend "CONFIDENTIAL" or "CONFIDENTIAL -- ATTORNEYS' EYES ONLY" prior to its production, or, if stamping is not possible due to the nature of the material being produced, by furnishing written notice to the receiving party that the material shall be deemed "CONFIDENTIAL" or "CONFIDENTIAL -- ATTORNEYS' EYES ONLY" under this Protective Order.

b. The "CONFIDENTIAL" designation may be used when material contains or constitutes sensitive personal information; commercial research or development information; proprietary business or sales information; or other information required by applicable law or agreement to be kept confidential. Except as otherwise provided herein, material designated as "CONFIDENTIAL" shall be disclosed by the recipient thereof only to:

i. Plaintiff;

ii. Defendants, including, but not limited to, their counsel and counsel's paralegals, clerical or other support staff or services, and any officers, directors, managers, supervisors, or other employees with responsibilities related to the subject matter of this litigation;

iii. counsel of record for the party to whom such documents or materials are produced or given, including counsel's paralegals, clerical or other support staff or services;

iv. the Court, including any Court personnel, court reporters (including audio and video), stenographers, or other persons involved in taking or transcribing court or deposition testimony in this action, and members of the jury, provided that any party submitting or filing with the Court material designated "CONFIDENTIAL" shall comply with the requirements of Local Rule 141, and the provisions of Paragraph 5 of this Order;

v. neutral evaluators, mediators or arbitrators assigned to the case by the Court or retained for the case by the mutual agreement of the parties;

vi. independent experts or consultants who have been consulted or retained by counsel in this action to furnish technical or expert services or to give technical or expert testimony in the trial of this action, provided that such expert or consultant signs the Confidentiality Undertaking attached hereto as Exhibit A; and

vii. copying services, imaging services, computer services, and/or litigation support services, provided that all documents and information designated "CONFIDENTIAL," including copies thereof whether in hard copy or electronic form, are retrieved by the furnishing party upon completion of any such services.

c. The "CONFIDENTIAL -- ATTORNEYS' EYES ONLY" designation may be used when material contains or constitutes trade secrets, competitive information, or other business information that a party or producing third party deems material requiring higher protection than the "CONFIDENTIAL" designation. Except as otherwise provided herein, material designated as "CONFIDENTIAL -- ATTORNEYS' EYES ONLY" shall be disclosed by the recipient thereof only in the following circumstances:

i. Disclosure may be made to in-house counsel, outside counsel of record, and employees of such counsel to whom disclosure is reasonably necessary for this litigation.

ii. Disclosure may be made to the Court, including any Court personnel, court reporters (including audio and video), stenographers, or other persons involved in taking or transcribing court or deposition testimony in this action, and members of the jury, provided that any party submitting or filing with the Court material designated "CONFIDENTIAL -- ATTORNEYS' EYES ONLY" shall comply with the requirements of Local Rule 141, and the provisions of Paragraph 5 of this Order.

iii. Disclosure may be made to any neutral evaluators, mediators or arbitrators assigned to the case by the Court or retained for the case by the mutual agreement of the parties;

iv. Disclosure may be made to copying services, imaging services, computer services, and/or litigation support services, provided that all documents and information designated "CONFIDENTIAL -- ATTORNEYS' EYES ONLY," including copies thereof whether in hard copy or electronic form, are retrieved by the furnishing party upon completion of any such services.

v. Disclosure may be made to independent experts or consultants who have been consulted or retained by counsel in this action to furnish technical or expert services or to give technical or expert testimony in the trial of this action; provided, however, that before disclosure to any such expert is made, the identity of the expert must be disclosed in writing to the producing party. The producing party shall have fourteen (14) days to object to the expert being shown "CONFIDENTIAL -- ATTORNEYS' EYES ONLY" materials. If the producing party objects, the parties agree to meet and confer as to whether and what materials may be shown to the expert. If the parties cannot reach agreement, either party may bring the issue to the Court for resolution. The expert must also sign the Confidentiality Undertaking attached hereto as Exhibit A.

d. Except for documents produced for inspection, designation of confidential information or documents shall be made before, or at the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.