The opinion of the court was delivered by: Magistrate Judge Carla Woehrle United States District Magistrate Judge
ASSIGNED TO: Judge Dean D. Pregerson Note changes made by court INTERIM STIPULATED PROTECTIVE ORDER Counter and Third Party
1. In connection with the production of documents made pursuant to this interim protective order, the parties shall designate documents, or other information derived therefrom, as "Confidential" under the terms of this Interim Stipulated Protective Order (hereinafter "Order"). Confidential information is information which has not been made public and which concerns or relates to the processes, operations, type or work, or apparatus, or to the production, sales, shipments, purchases, transfers, identification of customers, inventories, amount or source of any income, profits, losses, or expenditures of any persons, firm, partnership, corporation, or other organization, the disclosure of which information may have the effect of causing harm to the competitive position of the person, firm, partnership, corporation, or to the organization from which the information was obtained.
2. 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 in fact for the designation within the meaning of Federal Rule of Civil Procedure 26(g). Confidential documents shall be so designated by stamping copies of the document produced to a party with the legend "CONFIDENTIAL." Stamping the legend "CONFIDENTIAL" on the cover of any multipage document shall designate all pages of the document as confidential, unless otherwise indicated by the producing party.
3. Any document or other information derived therefrom which identifies customers (including law firms or individual customers/clients) shall be considered confidential, whether or not it is stamped "CONFIDENTIAL". Unless further designated as "HIGHLY CONFIDENTIAL -- ATTORNEY'S EYES ONLY" pursuant to paragraph 6, any document or other information derived therefrom which identifies customers (including law firms or individual consumers/clients) shall be treated as confidential and all provisions of paragraph 4 and 5 shall be followed. Any document and information derived therefrom which identifies an individual consumer/client is entitled to the utmost care and their name and/or personal information must be redacted or filed under seal if it is to be filed with the Court.
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 (hereinafter "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), and to the "qualified persons" designated below:
a. a party, or an 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 (for the purposes of the interim stipulated protective order, "expert" shall refer to a person with specialized knowledge or experience in a matter pertinent to the litigation who has been 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 past or current employee of a party or of a competitor of a party and who, at the time of retention, is not anticipated to become an employee of a party or of a competitor's of a party);
c. court reporter(s) employed in this action;
d. a witness at any deposition or other proceeding in this action; and
e. any other person as to whom the parties in writing agree.
Prior to receiving any Confidential Material, each "qualified person" shall be provided with a copy of this Order and shall execute a nondisclosure agreement in the form of Attachment A, a copy of which shall be provided ...