The opinion of the court was delivered by: Hon. Manuel L. Real United States District Judge
ORDER GOVERNING THE TREATMENT OF CONFIDENTIAL INFORMATION
The parties having agreed to the following in the Stipulation for Proposed Protective Order Regarding The Treatment Of Confidential Information, filed in this action on January 22, 2013 (the "Stipulation"), IT IS HEREBY ORDERED AS FOLLOWS:
1. For purposes of this Protective Order:
(a) "Ameron" shall mean Ameron International Corporation or Ameron B.V.
(b) "Underlying Action" shall mean the action brought on or about April 28, 2004, by Sable Offshore Energy, Inc. and others, in the Supreme Court of Nova Scotia, Canada captioned Sable Offshore Energy, Inc., et al. v. Ameron International Corp., et al, Supreme Court of Nova Scotia S.H. No. 220343.
(c) "Confidential Information" shall mean all information related to or produced in the Underlying Action, including but not limited to documents exchanged in the Underlying Action, other correspondence and discovery, attorney-client information and work product of Ameron's defense counsel in the Underlying Action. Confidential Information shall also include trade secret information as defined in California Civil Code § 3426.1; and other non-public information that is sensitive from a business or competitive standpoint, including but not limited to past, present and future business plans and strategies, revenue information, and pricing policies.
(d) "Information" includes information in any form, whether provided in response to a request for information, in documents, or in testimony in deposition or any other proceeding.
(e) "Document" includes tangible paper documents as well as information stored electronically or by other means or on other media.
(f) Confidential Information shall not include pleadings, or any Documents or Information that are a matter of public record, whether in the Underlying Action or elsewhere. The parties intend this Protective Order fully to comply with the "implied undertaking" rule under the common law of the province of Nova Scotia, Canada. Consequently, information produced in the Underlying Action is "public" only if it can be derived from sources independent of that litigation. The parties intend that this Protective Order shall permit the parties to exchange and present to the Court in this action such Confidential Information as is discoverable, consistent with the terms and conditions of this Protective Order. This Protective Order applies equally to original Information and Documents as well as derivatives thereof, including but not limited to copies, extracts, excerpts, digests, compilations, and summaries.
(g) "Party" means a party to the Stipulation.
2. This Protective Order shall govern any Confidential Information furnished by any party to any adverse party in connection with the discovery and pre-trial phases of this action. This includes but is not limited to Confidential Information produced in response to demands for production of documents or other things; responses to interrogatories; responses to requests for admission; testimony and exhibits in deposition or any other proceeding; and all copies, extracts, excerpts, summaries, compilations, designations, and portions of the foregoing. This Protective Order also shall govern any Confidential Information furnished by any third party pursuant to subpoena or otherwise in connection with this litigation, and third parties shall have the same rights and obligations under this Protective Order as parties to this litigation.
3. A document containing Confidential Information will be subject to this Protective Order when it is designated as confidential using the following procedure:
(a) The party producing the document shall review the document and make a good faith determination that the document contains Confidential Information. Each page of the document containing Confidential Information shall be marked with the legend "Confidential -- Subject to Protective Order."
(b) If documents are produced on a compact disc ("CD") and the CD is marked "Confidential -- Subject to Protective Order," all documents on the CD shall be treated as confidential, even ...