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Alan Hernandez, Individually, and On Behalf of Other Members v. Chipotle

April 17, 2013

ALAN HERNANDEZ, INDIVIDUALLY, AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED, PLAINTIFFS,
v.
CHIPOTLE MEXICAN GRILL, INC., A DELAWARE CORPORATION; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Honorable Jacqueline Chooljian United States Magistrate Judge

WHEREAS the parties in the above-captioned action believe that the information they disclose through discovery and in the course of supporting or opposing motions may constitute, contain or reflect confidential, trade secret, proprietary, technical, scientific, business or financial information of a party or of a non-party;

WHEREAS the parties desire to establish a mechanism to protect the disclosure of such information in this action;

IT IS HEREBY ORDERED THAT:

1. Definitions: For purposes of this Stipulated Protective Order, the following definitions shall apply:

(a) Document. The term "document" shall include all "Writings," as

defined in section 250 of the California Evidence Code; shall have the full meaning ascribed to it by the California Code of Civil Procedure and the Federal Rules of Civil Procedure; and shall include, without limitation, any records, exhibits, reports, samples, transcripts, electronic mail ("email"), video or audio recordings, affidavits, briefs, summaries, notes, abstracts, drawings, company records and reports, answers to interrogatories, responses to requests for admissions or motions, including copies or computer-stored versions of any of the foregoing.

(b) Disclosing Party. The term "Disclosing Party" is defined herein as

any party or non-party who is requested to produce or produces documents, materials or testimony containing Confidential Material.

(c) Receiving Party. The term "Receiving Party" is defined herein as

any party to whom documents, materials or testimony containing Confidential Material is provided.

(d) Confidential Material. The term "Confidential Material" refers collectively to CONFIDENTIAL INFORMATION and HIGHLY CONFIDENTIAL INFORMATION.

(e) Confidential Information. The term "CONFIDENTIAL

INFORMATION" is defined herein as information that has not been made public, the disclosure of which the Disclosing Party reasonably and in good faith contends could cause harm to the business operations of the Disclosing Party or provide improper advantage to others, including, but not limited to, trade secrets within the meaning of the Uniform Trade Secrets Act. CONFIDENTIAL INFORMATION also includes non-public personal or private information, such as (without limitation) personnel records.

(f) Highly Confidential Information. The term "HIGHLY

CONFIDENTIAL INFORMATION" is defined herein as CONFIDENTIAL INFORMATION that is technical, commercial, financial or marketing in nature and that the Disclosing Party reasonably and in good faith believes is so highly sensitive that its disclosure to an employee of a Receiving Party would reveal significant business or financial advantages of the Disclosing Party. It includes, without limitation, information that the designating party reasonably and in good faith believes relates to (1) current business/strategic plans, (2) trade secrets within the meaning of the Uniform Trade Secrets Act that would provide a significant business or financial advantage to the Receiving Party, (3) technical product specifications and information, (4) sales, cost and price information including future sales/financial projections, (5) non-public marketing information including future marketing plans, (6) detailed sales and financial data, (7) customer lists, (8) recipes, ingredients list and other food preparation materials or (9) other information of competitive, technical, financial, or commercial significance comparable to the items listed in this paragraph.

(g) Outside Service Organization. The term "Outside Service

Organization" is defined herein as an individual or organization that provides photocopying, document processing, electronic discovery, translation or graphics services to counsel as part of the ordinary course of the discovery, motion practice, trial preparation or trial of this action.

(h) Support Staff. The term "Support Staff" is defined herein as

employees of counsel for the parties or their Consultants, including paralegals, clerical personnel and secretarial personnel.

(i) Action. The term "Action" is defined herein as the matter of Alan

Hernandez v. Chipotle Mexican Grill, Inc., Case No. CV-12-05543-DSF (JCx), pending in the United States District Court for the Central District of California.

2. Applicability of Protective Order: If, in the course of this litigation, a party undertakes or is caused to disclose what the Disclosing Party contends is Confidential Material (i.e., CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION) the procedures set forth herein shall be employed and the disclosure thereof shall be subject to this Stipulated Protective Order. Confidential Material shall be used solely in the preparation, prosecution or trial of this Action.

3. Disclosure Prohibited: Confidential Material or the substance or context thereof, including any notes, memoranda or other similar documents relating thereto, shall not be disclosed or summarized, either in writing or orally, by a Receiving Party to anyone other than persons permitted to have access to such information under this Stipulated Protective Order. Nothing in this Stipulated Protective Order shall limit disclosure or use by a Designating Party of its own Confidential Material.

4. Designating and Marking Confidential Material:Confidential Material to be designated "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" pursuant to this Stipulated Protective Order shall be designated and marked as follows:

(a) Documents. Documents may be designated as "CONFIDENTIAL"

by placing the following legend, or equivalent thereof, on ...


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