The opinion of the court was delivered by: Honorable Philip S. Gutierrez
STIPULATED PROTECTIVE ORDER
Complaint Filed: August 2, 2011
Removed: September 6, 2011
Subject to the approval of this Court, the parties hereby stipulate to the following protective order:
GOOD CAUSE STATEMENT. Plaintiffs have filed this matter as a putative class action. Defendants believe that certain information and documents responsive to some of Plaintiffs' requests for information contain confidential and/or proprietary information the unprotected disclosure of which could have an adverse and detrimental impact on the legitimate business and privacy interests of the disclosing party and/or third parties to the litigation. Such information includes (1) information regarding Defendant's California employees who elected to participate in Defendant's voluntary arbitration program (Solutions InSTORE) implicating the privacy and confidentiality guarantees made by Macy's to its employees under that programand (2) certain confidential and sensitive information regarding Defendant's proprietary commission pay software/application.
Accordingly, the parties have agreed and stipulate that a party disclosing such confidential information may designate it as "Confidential" (hereinafter "Confidential Information"). The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under this Stipulated Protective Order and the applicable legal principles. The parties agree that the following limitations on the disclosure of such Confidential Information should be imposed.
1. This Stipulated Protective Order will automatically terminate at commencement of trial. If this matter proceeds to trial, all of the information that was designated as confidential and/or kept and maintained pursuant to the terms of this Stipulated Protective order will become public and available to all members of the public, including the press, unless good cause is shown to the district judge in advance of the trial to proceed otherwise.
2. While this Stipulated Protective order is in effect, documents, discovery responses, information and materials produced hereafter and deposition testimony in the future designated as Confidential Information shall be subject to the provision of this Stipulated Protective Order. If only a portion of a deposition transcript or other discovery item contains Confidential Information, only that portion will be subject to this Stipulated Protective Order. However, the protections conferred by this Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to the receiving party or becomes part of the public domain after its disclosure to the receiving party as a result of publication not involving a violation of this 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.
3. While this Stipulated Protective order is in effect all copies of documents, discovery responses or other materials produced and designated as containing Confidential Information, and all transcripts of depositions in which Confidential Information has been designated, shall have clearly stamped thereon "Confidential" on each page that contains protected material in a manner which avoids any interference with the legibility of the material.
4. While this Stipulated Protective order is in effect the Confidential Information contained in documents, discovery responses, deposition transcripts and materials subject to this Protective Order shall be in connection with this case only for prosecuting, defending, or attempting to settle this litigation and may be disclosed only as follows:
A. Confidential Information may be disclosed to the parties, their attorneys, and to members of the paralegal, secretarial or clerical staff (including shorthand reporters), as well as outside vendors assisting such counsel.
B. Counsel may disclose Confidential Information to independent experts specifically retained for the purposes of this litigation to assist counsel in the prosecution and/or defense of this action or any appeal filed herein. Such experts shall agree in writing to be bound by the terms and provisions of this Stipulated Protective Order.
C. Confidential Information may be disclosed to the Court, pursuant to Paragraph 7 of this ...