The opinion of the court was delivered by: Jean P. Rosenbluth United States Magistrate Judge
ORDER FOR STIPULATED PROTECTIVE ORDER [DISCOVERY MATTER]
Action Filed: May 16, 2012 Removal Filed: June 21, 2012 Trial Date: None Set Based upon the Stipulated Protective Order submitted by the parties, and for good cause shown:
The Court hereby orders that:
1.PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of material that a producing party contends is confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted, including but not limited to (1) proprietary procedures, manuals, and policies, including specifically Defendants' Employee Handbook, (2) proprietary and confidential business operations information, such as documents and information relating to Defendants' outsourcing of business functions or positions; (3) internal business or financial information; (4) the personnel files of non-party employees of Defendants; (5) the private information of present or former employees of Defendants, and (6) any other similar proprietary, confidential, or private information. The Parties expressly adopt the definition of "trade secrets," as set forth by California Civil Code section 3426.1, in this Stipulated Protective Order.
Good cause exists to protect each of the categories of documents identified above, as prejudice or harm to a Party or third party may result if no protective order is granted. In particular, business competitors of Defendants could obtain an unfair advantage that would cause harm to Defendants' competitive position, Defendants could be economically prejudiced, and the privacy rights of Defendants' past and present employees could be violated if any of the confidential information identified above is published for purposes outside those permitted in this Stipulated Protective Order. The Parties seek to avoid undue economic harm to the Parties and third parties resulting from complying with their discovery obligations. The purpose of this Stipulated Protective Order is to protect the legitimately designated confidential business, employee and privacy protected information to be produced in this action from public disclosure.
Accordingly, the Parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The Parties, and third parties designating documents for protection under this Order, acknowledge that this 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.
2.1. Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and outside counsel (and their support staff).
2.2. Discovery Material: all items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.
2.3. "Confidential" Information or Items: information (regardless of how generated, stored or maintained) or tangible things that qualify for protection under provisions of Paragraph 1.
2.4. "Highly Confidential -- Attorneys' Eyes Only" Information or Items: extremely sensitive "Confidential Information or Items" whose disclosure to another Party or nonparty would create a substantial risk of serious injury that could not be avoided by less restrictive means.
2.5. Receiving Party: a Party that receives Discovery Material from a Producing Party.
2.6. Producing Party: a Party or non-party that produces Discovery Material in this action.
2.7. Designating Party: a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as "Confidential" or "Highly Confidential - Attorneys' Eyes Only."
2.8. Protected Material: any Discovery Material that is designated as "Confidential" or as "Highly Confidential -- Attorneys' Eyes Only" or that contains any Private Material.
2.9. Outside Counsel: attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action.
2.10. House Counsel: attorneys who are employees of a Party. 2.11. Counsel (without qualifier): Outside Counsel and House Counsel (as well as their support staffs).
2.12. Expert: 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 a current employee of an adverse Party. This definition includes a professional jury or trial consultant retained in connection with this litigation.
2.13. Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.
2.14. Private Material: any document or other Discovery Material that contains the names and addresses of any current or former employees of Defendant.
The protections conferred by this Stipulation and 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 in non-courtroom settings that actually reveal Protected Material. Protected Material used at trial will become public absent a separate court order upon written motion and sufficient cause shown. Any Party that intends to use Protected Material at trial will provide sufficient notice of the use of Protected Material, identifying the Protected Material with specificity, within sufficient time for the other Party ...