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La Printex Industries, Inc., A California Corporation v. Sears Holding Corp. D/B/A Kmart Corp.

March 14, 2013

LA PRINTEX INDUSTRIES, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
SEARS HOLDING CORP. D/B/A KMART CORP., AN ILLINOIS CORPORATION; SEARS ROEBUCK & CO., AN ILLINOIS CORPORATION; L.G.B. INC., A CALIFORNIA CORP.; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Jay C. Gandhi United States Magistrate Judge

[Assigned to Honorable Jesus G. Bernal) [PROPOSED] ORDER RE STIPULATION FOR ENTRY OF PROTECTIVE ORDER Action Filing Date August 13, 2012

WHEREAS, certain documents and information have been and may be sought, produced or exhibited by and between the parties to the above-captioned action ("Action") that relate to the parties' financial information, competitive information, personnel information or other kinds of commercially sensitive information that the party making the production deems confidential; and

WHEREAS, it has been agreed by and among the parties in the Action, through their respective counsel, that a protective order preserving the confidentiality of certain documents and information should be entered by the United States District Court for the Central District of California; and

WHEREAS, the Court has reviewed the terms and conditions of this protective order submitted by the parties;

IT IS HEREBY ORDERED THAT:

1. This Protective Order shall govern all documents, the information contained therein and all other information produced or disclosed during the Action, whether revealed in a document, deposition, other testimony, discovery response or otherwise, by any party in this Action ("Supplying Party") to any other party ("Receiving Party"), when the same is designated in accordance with the procedures set forth herein. This Protective Order is binding upon the parties to the Action, including their respective corporate parents, subsidiaries and affiliates, and their respective attorneys, agents, representatives, officers, employees and others as set forth in this Protective Order.

2. Subpoenaed third parties who so elect may avail themselves of the protections of this Protective Order and thereby become Supplying Parties for purposes of this Protective Order if they agree to be bound by its terms and conditions.

3. Any Supplying Party shall, through counsel, have the right to identify and designate as "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY" any document or other materials it produces or provides (whether pursuant to Federal Rules of Civil Procedure 26 and 34, pursuant to subpoena or by agreement between the Supplying Party and the Receiving Party), or any testimony given in this Action, which testimony or discovery material is believed by that Supplying Party to constitute, reflect or disclose its confidential and proprietary information (all of which is hereafter referred to as "Designated Material").

4. "Confidential Information" as used in this Protective Order means any Designated Material that is designated pursuant to this Protective Order as "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY" by the Supplying Party, whether it is a document, thing, information contained in a document or thing, information revealed during a deposition or other testimony, information revealed in an interrogatory answer, or information otherwise revealed. In designating material as "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY", the Supplying Party will make such designation only as to that material that it in good faith believes to be entitled to confidential treatment under Federal Rule of Civil Procedure 26(c)(7). Material that is available to the public, including advertising or promotional materials and the like, shall not be designated as "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY" unless Confidential Information is contained in the particular edition of such being designated.

5. Specific documents and interrogatory answers produced by a Supplying Party shall, if appropriate, be designated as "CONFIDENTIAL" by marking the first page of the document and each subsequent page thereof containing Confidential Information and any answer as follows: CONFIDENTIAL.

6. Any material produced or provided in the Action for inspection is to be treated by the Receiving Party as Confidential Information pending the copying and delivery of any copies of the same by the Supplying Party to the Receiving Party.

7. A Supplying Party (or its counsel) may designate as "CONFIDENTIAL" information disclosed at a deposition taken in connection with this Action by:

a. designating testimony, given by it or its present or former employees, officers, directors, partners, representatives or any experts, as "CONFIDENTIAL" on the record during the taking of the deposition, in which case the court reporter shall mark each page as provided in paragraph 5, above; or

b. notifying all other parties in writing, within thirty (30) calendar days of receipt of the transcript of a deposition, given by it or its present or former employees, officers, directors, partners, representatives or any experts, of specific pages and lines of the transcript that are designated as "CONFIDENTIAL"; or

c. identifying testimony as "CONFIDENTIAL" in the fashion specified in either subparagraph (a) or subparagraph (b) above, which testimony was given by a Receiving Party or its present or former employees, officers, directors, partners, representatives or any experts, and contains Designated Material designated by the Supplying Party.

Whereupon each party shall attach a copy of such written designation to the face of the transcript and each copy thereof in that ...


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