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Mara Chow, Individually and On Behalf of All Others Similarly v. Neutrogena Corp.

August 20, 2012


The opinion of the court was delivered by: Hon. Manuel L. Real U.S. District Court Judge


Judge: Hon. Manuel L. Real Courtroom: 8

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Mara Chow and Defendant Neutrogena Corporation as follows:


Discovery activity in this action is likely to involve production and disclosure of documents and information pertaining to the parties' financial information, product development and formulations, marketing or business strategies, and other kinds of competitive, commercially-sensitive or proprietary information, which require special protection from public disclosure and from use for any purpose other than prosecuting this litigation. Accordingly, the parties hereby stipulate to, and petition the Court to enter, the following Stipulated Protective Order.

The parties acknowledge that this Stipulated Protective Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as confidential. The parties further acknowledge, as set forth in Section 10, below, that this Stipulated Protective Order creates no entitlement to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and reflects the standards that will be applied when a party seeks permission from the Court to file material under seal.


2.1. Party: any party to this action, including all of its officers, directors, employees, house counsel, corporate parents, subsidiaries, affiliates, consultants, retained experts, and outside counsel (and their support staff).

2.2. Disclosure or Discovery Material: all items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, documents, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.

2.3. "Confidential" Information: includes any non-public information (regardless of how generated, stored or maintained) or tangible things which the Designating Party believes, in good faith, is entitled to confidential treatment under applicable law. Such information includes (but is not limited to): trade secrets, financial, sales and cost information; business plans, strategies, projections or analyses; employee, independent contractor and third-party compensation; contracts and other documents concerning compensation and employment; studies or analyses; product development materials, product formulas and product formulations; and business and marketing plans, sales plans, data and strategies.

2.4. Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.

2.5. Producing Party: a Party or non-party that produces Disclosure or Discovery Material in this action.

2.6. Designating Party: a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as "Confidential."

2.7. Protected Material: any Disclosure or Discovery Material that is designated as "Confidential."

2.8. Outside Counsel: attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action (and their support staff).

2.9. House Counsel: attorneys who are employees of a Party (and their support staff).

2.10. Counsel (without qualifier): Outside Counsel and House Counsel (as well as their support staffs).

2.11. Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been or may be retained by a Party or its counsel to serve as an expert witness or as a consultant in this action and who is not a current employee of a Party or a direct competitor of a Party and who, at the time of retention, is not anticipated to become an employee of a Party or a direct competitor of a Party. This definition includes a professional jury or trial consultant retained in connection with this litigation.

2.12. Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying; deposition transcription, videotaping; translating; preparing exhibits or demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.


The protections conferred by this Stipulated Protective Order cover not only Protected Material (as defined above), but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by parties or counsel to or in court or in other settings that might reveal Protected Material.


4.1. Exercise of Restraint and Care in Designating Material for Protection. Each Party or non-party that designates information or items for protection under this Stipulated Protective Order shall limit any such designation to specific material that qualifies under the appropriate standards. A Designating Party shall designate for protection only those parts of material, documents, items, or oral or written communications that qualify - so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Stipulated Protective Order. If a Party or a non-party concludes that information or items that it has designated for protection does not qualify for protection, that Party or non-party must promptly notify all other parties in writing that it is withdrawing the incorrect designation.

4.2. Manner and Timing of Designations. Except as otherwise provided in this Stipulated Protective Order, or as otherwise stipulated or ordered, material that qualifies for protection under this Stipulated Protective Order must be clearly so designated before the material is disclosed or produced. Designation in conformity with this Stipulated Protective Order requires:

(a) for information in documentary form (apart from transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the legend "CONFIDENTIAL" to the document. Stamping the legend on the cover of any multipage document shall designate all pages of the ...

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