The opinion of the court was delivered by: Honorable Ralph Zarefsky United States Magistrate Judge
[Assigned for all purposes to the Honorable Judge Audrey B. Collins and Honorable Ralph Zarefsky]
[PROPOSED] ORDER GRANTING PARTIES' JOINT STIPULATION FOR PROTECTIVE ORDER NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT 150043.1
Upon stipulation of the parties for a protection order pursuant to Fed. R. Civ. P. 26(c) governing the disclosure during pretrial discovery and the subsequent handling of trade secret information, proprietary information, other confidential commercial financial or personal information, and documents containing any such information (hereinafter collectively referred to as "CONFIDENTIAL INFORMATION"), IT IS HEREBY ORDERED THAT:
1. Framework and scope of order. (a) This order governs all discovery in this action, court filings, and all material which a producing party has designated as confidential in this action;
(b) All material produced during discovery in this action, whether in documents, depositions, or otherwise, will be used solely for the purposes of this action and not for any other purpose, including any business purpose, and will not be used or disclosed outside the context of this action; however, the parties contemplate a separate agreement regarding the use of such material in any action with which this action may be consolidated, or in any action involving related claims or defenses, so as to minimize or eliminate duplicative discovery;
(c) Any person receiving confidential material shall not disclose that material to any person, except a person authorized to receive the material pursuant to this order, and shall make such disclosure only in strict compliance with this order;
(d) Any person providing its confidential material retains the right to disclose the material by waiving the restrictions in this order for a particular purpose or use; and
(e) The use of any confidential material for the purpose of any hearing or trial which is open to the public is not addressed in this order, and will be the subject of future agreement or Court order as the need may arise and the Court may decide.
2. Definition of Confidential Material. This Protective Order shall govern, and shall be applied on a narrowly-tailored basis to protect, only documents, materials, items or information that materially that contains (i) sensitive data on costs and revenues for the products alleged in the Complaint; (ii) sensitive data on other costs and revenues; (iii) sensitive information on sales volume; (iv) sensitive information on business practices and procedures in acquiring designs; and (v) sensitive information on business practices involved in producing, marketing and distributing garments to be sold at retail. consist of information that is entitled to confidential treatment under existing California law (hereinafter "confidential material"), such as trade secrets defined by California Civil Code § 3426.1, financial information, personal information implicated or otherwise protected by article I, section 1 of the California Constitution, or information submitted to a governmental office but subject to a public policy of confidentiality. For the purpose of this order, "confidential material" means any information of any kind which is designated as confidential in the manner specified in this order by the party supplying the information, and all copies of such designated material. Confidential material may be contained in documents produced, testimony in depositions, exhibits, interrogatory answers, responses to requests for admissions, briefs, or otherwise. Confidential material under this order consists of two categories, "Confidential Information," and "Attorneys Only Information." Any materials which reproduce, paraphrase, summarize, or otherwise contain confidential material are also confidential in the same category as the original material. "Attorneys Only Information" is information which, if disclosed to the receiving party, might cause competitive harm to the designating party including, but not limited to, technical and/or research and development data, intellectual property, financial, marketing and other sales data, and/or information having strategic commercial value pertaining to the designating party's trade or business. The designation of "Attorneys Only Information" is intended to apply only to information that is not adequately protected by a "Confidential" designation because the receiving party could reasonably gain an unfair competitive advantage from the use of such information. Before designating any specific information "Attorneys Only Information," the designating party's counsel shall make a good faith determination that the information warrants such protection.
3. Authorized Persons. Except for the rights retained in paragraph 1(d) above, access to Confidential Information is restricted to the following authorized persons, and access to Attorneys Only Information is restricted to the persons described in this Paragraph 3, subdivisions 3(a) and 3(c)-(f), inclusive:
(a) Attorneys of record (including attorneys designated in pleadings as "of counsel") in this lawsuit and employees of such attorneys to whom it is necessary that the material be shown for purposes of this litigation;
(b) The individual parties and as to corporate parties the managing agents who are involved in this lawsuit;
(c) Independent persons retained by a party or its attorneys of record in this action to assist in the preparation of this action for trial (such as independent experts, economists, accountants, expert witnesses and other consultants, and the necessarily involved employees of such persons);
(d) This Court and its employees;
(e) Court reporters transcribing testimony taken in this action and notarizing officers; and
(f) As to any document containing confidential material, the person who generated the material or authored the document or was an addressee of the document is an authorized person which respect to that document in the context of ...