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Charles Brewer, Individually v. General Nutrition Corporation

February 19, 2013


The opinion of the court was delivered by: The Honorable Laurel Beeler United States Magistrate Judge


3 confidential, proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 5 the parties hereby stipulate to and petition the court to enter the following stipulated protective order. 6


Disclosure and discovery activity in this action are likely to involve production of

The parties acknowledge that this order does not confer blanket protections on all disclosures or 7 responses to discovery and that the protection it affords from public disclosure and use extends only 8 to the limited information or items that are entitled to confidential treatment under the applicable 9 legal principles. The parties further acknowledge, as set forth in section 12.3, below, that this 10 stipulated protective order does not entitle them to file confidential information under seal; civil 11 local rule 79-5 sets forth the procedures that must be followed and the standards that will be applied 12 when a party seeks permission from the court to file material under seal. 13

15 information or items under this Order. 16

17 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil 18

2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 21

22 produces in disclosures or in responses to discovery as "CONFIDENTIAL." 23

24 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 25 transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this 26 matter. 27 28 37320883.1 2


2.1 Challenging Party: a Party or Non-Party that challenges the designation of

2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is Procedure 26(c). 19

2.4 Designating Party: a Party or Non-Party that designates information or items that it

2.5 Disclosure or Discovery Material: all items or information, regardless of the medium the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in 3 this action.

5 does not include Outside Counsel of Record or any other outside counsel. 6

7 entity not named as a Party to this action. 8

9 but are retained to represent or advise a party to this action and have appeared in this action on behalf of that 10 party or are affiliated with a law firm which has appeared on behalf of that party. 11 12 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 13

2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 2.7 House Counsel: attorneys who are employees of a party to this action. House Counsel 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action 2.10 Party: any party to this action, including all of its officers, directors, employees, 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 15

16 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or 17 retrieving data in any form or medium) and their employees and subcontractors. 18

2.12 Professional Vendors: persons or entities that provide litigation support services (e.g.,

2.13 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL." 20

2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 22

Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any 26 testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected 27


The protections conferred by this Stipulation and Order cover not only Protected

Material (as defined above), but also (1) any information copied or extracted from Protected 25

Material. However, the protections conferred by this Stipulation and Order do not cover the

following information: (a) any information that is in the public domain at the time of disclosure to a 2

Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a 3 result of publication not involving a violation of this Order, including becoming part of the public 4 record through trial or otherwise; and (b) any information known to the Receiving Party prior to the 5 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 6 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of


Even after final disposition of this litigation, the confidentiality obligations imposed 0 by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 11 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 12 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 13 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 14 including the time limits for filing any motions or applications for extension of time pursuant to 15 applicable law.

Protected Material at trial shall be governed by a separate agreement or order. 8


5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information or items for protection under this Order must take care to limit any 19 such designation to specific material that qualifies under the appropriate standards. The Designating Party 20 must designate for protection only those parts of material, documents, items, or oral or written 21 communications that qualify -- so that other portions of the material, documents, items, or communications for 22 which protection is not warranted are not swept unjustifiably within the ambit of this Order. 23

24 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 25 unnecessarily encumber or retard the case development process or to impose unnecessary expenses 26 and burdens on other parties) expose the Designating Party to sanctions.

Mass, indiscriminate, or routinized designations are prohibited. Designations that are designated for protection do not qualify for protection, that Designating Party must promptly notify 3 all other Parties that it is withdrawing the mistaken designation. 4

5 e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery 6

Material that qualifies for protection under this Order must be clearly so designated before the material is 7 disclosed or produced. 8

10 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 11 affix the legend "CONFIDENTIAL" to each page that contains protected material. If only a portion 12 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 13 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 14

15 inspection need not designate them for protection until after the inspecting Party has indicated which 16 material it would like copied and produced. During the inspection and before the designation, all of 17 the material made available for inspection shall be deemed "CONFIDENTIAL." After the inspecting 18

Party has identified the documents it wants copied and produced, the Producing Party must 19 determine which documents, or portions thereof, qualify for protection under this Order. Then, 20 before producing the specified documents, the Producing Party must affix the "CONFIDENTIAL" 21 legend to each page that contains Protected Material. If only a portion or portions of the material on 22 a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 23

(b) for testimony given in deposition or in other pretrial or trial proceedings, that the

Designating Party identify on the record, before the close of the deposition, hearing, or other 26 proceeding, all protected testimony. 27 28

If it comes to a Designating Party's attention that information or items that it 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic documents, but A Party or Non-Party that makes original documents or materials available for (e.g., by making appropriate markings in the margins). 24

2 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 3 containers in which the information or item is stored the legend "CONFIDENTIAL." If only a 4 portion or portions of the information or item warrant protection, the Producing ...

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