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Loren Stone, Individually and On Behalf of All Others Similarly Situated v. Howard Johnson International

December 31, 2012

LOREN STONE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
HOWARD JOHNSON INTERNATIONAL, INC., A DELAWARE CORPORATION; AND DOES 1-- 10, DEFENDANTS.



The opinion of the court was delivered by: Margaret A. Nagle United States Magistrate Judge

PROTECTIVE ORDER ENTERED PURSUANT TO THE PARTIES' STIPULATION

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based on the parties' Stipulation and [Proposed] Protective Order Governing the Pre-Trial Handling of Confidential Information ("Stipulation") filed on December 10, 2012, the terms of the protective order to which the parties have agreed are adopted as a protective order of this Court (which generally shall govern the pretrial phase of this action) except to the extent, as set forth below, that those terms have been substantively modified by the Court's amendment of paragraphs 1, 2.6(f), 2.7, 4.3(b), 5, and 9 of the Stipulation.

The parties are expressly cautioned that the designation of any information, document, or thing as "Confidential," "Highly Confidential -- Attorney's Eyes Only," or other designation(s) used by the parties, does not, in and of itself, create any entitlement to file such information, document, or thing, in whole or in part, under seal. Accordingly, reference to this Protective Order or to the parties' designation of any information, document, or thing as "Confidential," "Highly Confidential -- Attorney's Eyes Only," or other designation(s) used by the parties, is wholly insufficient to warrant a filing under seal.

There is a strong presumption that the public has a right of access to judicial proceedings and records in civil cases. In connection with non-dispositive motions, good cause must be shown to support a filing under seal. The parties' mere designation of any information, document, or thing as "Confidential," "Highly Confidential -- Attorney's Eyes Only," or other designation(s) used by parties,does not -- without the submission of competent evidence, in the form of a declaration or declarations, establishing that the material sought to be filed under seal qualifies as confidential, privileged, or otherwise protectable -- constitute good cause.

Further, if sealing is requested in connection with a dispositive motion or trial, then compelling reasons, as opposed to good cause, for the sealing must be shown, and the relief sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or thing sought to be filed or introduced under seal in connection with a dispositive motion or trial, the party seeking protection must articulate compelling reasons, supported by specific facts and legal justification, for the requested sealing order. Again, competent evidence supporting the application to file documents under seal must be provided by declaration.

Any document that is not confidential, privileged, or otherwise protectable in its entirety will not be filed under seal if the confidential portions can be redacted. If documents can be redacted, then a redacted version for public viewing, omitting only the confidential, privileged, or otherwise protectable portions of the document, shall be filed. Any application that seeks to file documents under seal in their entirety should include an explanation of why redaction is not feasible.

Notwithstanding any other provision of this Protective Order, in the event that this case proceeds to trial, all information, documents, and things discussed or introduced into evidence at trial will become public and available to all members of the public, including the press, unless sufficient cause is shown in advance of trial to proceed otherwise.

TERMS OF PROTECTIVE ORDER

1. GENERAL LIMITATION

This Protective Order and the Parties' stipulation upon which it is based does not change, amend, or circumvent any court rule or local rule governing this action.

2. DEFINITIONS

2.1 Party: Any party to this action, including all of its officers, directors, employees, consultants, and agents.

2.2 Disclosure or 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: In connection with discovery proceedings in this action, the Parties may designate any document, thing, material, testimony, video or audio recording, or other information derived therefrom, as "CONFIDENTIAL" (hereinafter -- "Confidential") under the terms of this Protective Order only if, in the good faith belief of such Party and its counsel, the unrestricted disclosure of information could be prejudicial to the business, operations, or privacy interests of such Party or of non-parties. "Confidential" information as used herein means any information that a party in good faith believes constitutes or reveals proprietary or commercially sensitive information, trade secrets, information subject to a legally protected right of privacy, personal identifying information, personal financial information, or other information subject to protection under the law. By designating a document, thing, material, testimony, video or audio recording, or other information derived therefrom as "Confidential" under the terms of this Protective 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).

2.4 "Highly Confidential--Attorney's Eyes Only" Information or Items: In connection with discovery proceedings in this action, the Parties may designate any document, thing, material, testimony, video or audio recording, or other information derived therefrom, as "HIGHLY CONFIDENTIAL -- ATTORNEY'S EYES ONLY" (hereinafter -- "Attorney's Eyes Only") under the terms of this Protective Order only if, in the good faith belief of such Party and its counsel, the information is among that considered to be most sensitive by the Party and its disclosure to another Party or non-party would create a substantial risk of serious injury that could not be avoided by less restrictive means. This information includes but is not limited to trade secret or other highly confidential financial, commercial, personal, or private information.

Attorney's Eyes Only material, and the information contained therein, shall be disclosed only to the Court, to counsel for the Parties (including their support staff), and to the "qualified persons" defined in Section 2.6 below, subparts (b)--(f), but shall not be disclosed to a Party (as defined herein at Section 2.1), unless otherwise agreed to or ordered. If disclosure of "Attorney's Eyes Only" material is made pursuant to this paragraph, all other provisions in this Protective Order with respect to confidentiality shall also apply.

2.5 Protected Material: Any Disclosure or Discovery Material that is designated as "Confidential" or as "Highly Confidential--Attorney's Eyes Only."

2.6 Qualified Persons: Protected Material produced pursuant to this

Protective Order may be disclosed or made available only to the Court, to counsel for a Party (including attorney support staff), and to the following "qualified persons" designated below:

(a) a Party or officer, director, agent, 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), as defined in section 2.10 below, retained by such counsel to assist in the prosecution, defense, or settlement of this action;

(c) Professional vendor(s), as defined in section 2.11 below, employed in this action;

(d) a witness at any deposition or other proceeding in this action;

(e) the author of the document or the original source of the ...


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