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Ali Goreishi, An Individual v. Friendly Franchisees Corporation Dba Carl's Jr.

January 18, 2013

ALI GOREISHI, AN INDIVIDUAL, PLAINTIFF,
v.
FRIENDLY FRANCHISEES CORPORATION DBA CARL'S JR., A CALIFORNIA CORPORATION; JAMES ELLIST, AN INDIVIDUAL; AND DOES 1 THROUGH 25, INCLUSIVE, DEFENDANT.



The opinion of the court was delivered by: The Honorable John A. Kronstadt United States District Judge

STIPULATED PROTECTIVE ORDER Filing Date: September 13, 2012 Time:

Date:

Pursuant to agreement between Ali Ghoreishi (Plaintiff), and Friendly Franchisees Corporation and James Ellis (collectively, "Defendants" and all together the "Parties" and each a "Party") and approval of the Court, this Protective Order, as modified, shall govern the production of Confidential documents, deposition testimony and information in this action.

1. GOOD CAUSE STATEMENT

Pursuant to Fed. R. Civ. P. 26(c), good cause exists for entry of this Protective Order because the Parties to this action: (1) have sought and expect to seek in the future the discovery of certain information in this action that is sensitive, private, and confidential, or that third parties might believe is sensitive, private, and confidential, including, but not limited to, (a) information concerning the amounts paid under and other terms in confidential contracts entered into by the Parties with third parties, and the financial and other terms of contracts entered into by the Parties that are competitively sensitive and that would harm the Parties if such terms were disclosed to their competitor, (b) other information that constitutes proprietary information, confidential business information, information that a Party or third party may need, for any business, employment or competitive purposes, to be protected from disclosure, (c) trade secrets, and/or information in which a Party or any third party has a privacy interest, including personnel records of third party employees, or former employees of Friendly Franchisees Corporation, and (d) information that is subject to protection from disclosure, or limitation upon disclosure, under applicable law; (2) believe that unrestricted disclosure or dissemination of such Confidential Information will cause them some business, commercial, and privacy injury; (3) desire an efficient and practicable means to designate such information as CONFIDENTIAL or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY and thereby help ensure its continued protection against unwarranted disclosure or dissemination; and (4) have agreed to such means as set forth herein.

2. DEFINITIONS

2.1 As used herein, the term "Confidential Information" shall mean: (a) any type of information that has not been made generally available to the public and the disclosure of which the disclosing Party or third party contends would cause serious harm to the disclosing Party's or third party's business operations or interests, including, but not limited to, contracts for goods or services, customer lists, customer data, costs of goods or services sold, manufacturing or other costs of doing business, employee salaries, marketing plans, financial performance data, sales records, inventory sheets, and manufacturing, product development, and business development strategies; (b) data derived from such Confidential Information, including any summaries, compilations, quotes, or paraphrases thereof; (c) any other oral, written, or recorded material that consists of or contains trade secrets (as defined in California Civil Code § 3426.1(d)) or other confidential research, development, or commercial information (as referred to in Fed. R. Civ. P. 26(c)(1)(G)); or (d) any other information that the designating Party reasonably believes (1) constitutes proprietary information, confidential business information, information that the designating Party may need, for any business, employment or competitive purposes, to be protected from disclosure, trade secrets, and/or information in which the Party or any third party has a privacy interest, or (2) is subject to protection from disclosure, or limitation upon disclosure, under applicable law.

2.2 As used herein, the terms "document," "documents," "tangible things," "recordings," and "photographs" mean documents, writings, tangible things, recordings, and photographs as defined in Fed. R. Civ. P. 34(a) and Fed. R. Evid. 1001, and include, but are not limited to, records, exhibits, reports, samples, transcripts, video or audio recordings, disks, affidavits, briefs, summaries, notes, abstracts, drawings, company records and reports, answers to interrogatories, responses to requests for admissions, and motions, including copies or computer-stored versions of any of the foregoing.

3. DESIGNATION OF CONFIDENTIAL INFORMATION

3.1 This Protective Order applies to all discovery responses, documents, testimony, and other information or materials containing Confidential Information disclosed in this action that are designated by a Party or third party as CONFIDENTIAL or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY, as defined below, whether such disclosure is by order of the Court or by response to questions in a deposition, written interrogatories, requests for the production of documents and other tangible things, requests for admission, Rule 45 subpoenas to third parties, or any other discovery undertaken in this action.

3.2 Any Party or third party responding to discovery in this action shall have the right to designate any document, testimony, or other information or material as "Highly Confidential -- Attorneys' Eyes Only." "Highly Confidential -- Attorneys' Eyes Only" information is information that the designating Party reasonably believes contains Confidential Information which reasonably requires for its protection to be treated as "Highly Confidential -- Attorneys' Eyes Only."

3.3 Such designation shall be accomplished by placing the notation "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" on every page of each document or portion thereof so designated. In the case of Confidential Information disclosed in a non-paper medium (e.g., videotape, audiotape, computer disks, etc.), the appropriate notation shall be affixed to the outside of the medium or its container so as to clearly give notice of the designation. Such designation is deemed to apply to the document itself and to the Confidential Information contained therein.

3.4 Confidential Information so designated shall be used only for the purposes of this litigation and may not be used by any Party to whom or which that information is produced or disclosed for research, development, sales, marketing, publicity, or competitive purposes, or any other purpose. Confidential Information so designated shall not be disclosed to anyone other than those persons identified in Paragraphs 5.3 and 5.4, infra, except as may be ordered by the Court or agreed to in writing by the Parties. If any information designated by a Party or third party as CONFIDENTIAL or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY is thereafter used by a Party to whom or which it has been produced or disclosed as part of a paper filed or lodged with the Court in this action or in a response to a discovery request in this action, the Party using that information shall take all reasonable steps to preserve the continued confidentiality of that designated Confidential Information. This includes maintaining the designation of confidentiality in all places where that information is so used and requesting that such information is filed or lodged with the Court under seal in accordance with the procedures of C.D. Cal. Local Rule 79-5.1.

3.5 The Parties and any third parties responding to discovery in this action shall use reasonable care to avoid designating any materials as CONFIDENTIAL or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY that are: (a) not entitled to such designation, or (b) generally available to the public.

4. DEPOSITIONS

4.1 With respect to the examination of witnesses upon oral deposition, when designated Confidential Information is supplied to the deponent, or when the deponent's testimony contains, reflects, or comments on designated Confidential Information, the deposition reporter and/or videographer shall be informed of this Protective Order by the Party or third party seeking to invoke its protection, and will be required to agree to be bound by its terms. The reporter and/or videographer then shall place on the cover of any deposition transcript or video that contains any designated Confidential Information the words "CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO A COURT PROTECTIVE ORDER." Counsel for the Parties then shall take appropriate steps to prevent any portions of any deposition transcript or videotape designated CONFIDENTIAL or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY from being disclosed to any person, except as provided in this Protective Order.

4.2 Testimony at a deposition may be designated CONFIDENTIAL or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY if this Protective Order is invoked at the deposition by counsel for a Party or the counsel for a third party deponent. The designating Party or third party also may, within thirty (30) days after receiving a copy of the deposition transcript, provide all Parties with a written list of the page(s) of the deposition transcript, and any exhibits attached thereto, that the Party or third party designates as CONFIDENTIAL or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY. If a deponent has disclosed something at a deposition that a Party or third party believes constitutes Confidential Information and should be designated as such, the Party or third party so believing can go back during the deposition and designate that information as may be appropriate.

4.3 Each deponent to whom any party or third party proposes to disclose designated Confidential Information at a deposition or pre-trial proceeding shall be given a copy of this Protective Order and informed of its contents and the Parties shall ...


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