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Nancy Calzadilla Wheeler, et al v. the Estee Lauder Companies

January 9, 2013

NANCY CALZADILLA WHEELER, ET AL., PLAINTIFFS,
v.
THE ESTEE LAUDER COMPANIES, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Honorable Jean P. Rosenbluth United States Magistrate Judge

DISCOVERY MATTER Magistrate Judge Jean P. Rosenbluth PROTECTIVE ORDER PURSUANT TO STIPULATION OF THE PARTIES PROTECTIVE ORDER

Having considered the Stipulation for Protective Order submitted by the parties to this action, and to facilitate the progress of discovery and the protection of the parties' interests, the Court HEREBY ORDERS that a Protective Order is entered as follows:

1. GOOD CAUSE STATEMENT Consistent with Rule 26(c) of the Federal Rules of Civil Procedure, good cause exists for the Court to enter the requested Protective Order because, among other things, outstanding discovery seeks disclosure of certain confidential, proprietary or private information, and the parties could be prejudiced by dissemination or inappropriate use of such information. Furthermore, the parties may seek discovery from third parties, which discovery may similarly seek confidential, proprietary or private information, and which third parties may insist upon protections for the disclosure of such information. Having this Protective Order in place would therefore also facilitate the discovery of any third party discovery in this action.

2. DEFINITIONS

2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Protective Order.

2.2 "CONFIDENTIAL"/Confidential information or items: information (regardless of how it is generated, stored or maintained) or tangible things that a party or non-party in good faith reasonably believes contains confidential, proprietary or private information.

2.3 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL."

2.4 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (includ-ing, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter.

2.5 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.

2.6 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

2.7 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and counsel of record (and their support staffs).

2.8 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action.

2.9 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL."

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

3. SCOPE

The protections conferred by this Protective Order cover appropriate uses for all Disclosure or Discovery Material, and, as regards to the extra protections for Protected Material, apply not only to Protected Material, but also to: (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any deposition testimony, conversations, or presentations by Parties or their counsel that might reveal Protected Material. However, the protections conferred by this Protective Order for Protected Material do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this Protective Order, including becoming part of the public record through trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.

4. DURATION

Even after final disposition of this litigation, the obligations imposed by this Protective Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any motions or applications for extension of time pursuant to applicable law.

5. DESIGNATING PROTECTED MATERIAL

5.1 Exercise of Restraint and Care in Designating Material as Protected Material. Each Party or Non-Party that designates information or items as "CONFIDENTIAL" under this Protective Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. The Designating Party must designate as Protected Material only those parts of material, documents, items, or oral or written communications that qualify -- so that other portions of the material, documents, items, or ...


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