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Glen E. Friedman v. Live Nation Merchandise

April 18, 2013

GLEN E. FRIEDMAN,
PLAINTIFF,
v.
LIVE NATION MERCHANDISE, INC.; GAP, INC.; OLD NAVY, LLC; OLD NAVY (APPAREL), LLC; C-LIFE GROUP LTD.; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANT.



ORDER RE STIPULATION RE CONFIDENTIAL INFORMATION DISCOVERY MATTER

WHEREAS, during the discovery process in this action, Plaintiff Glen E. Friedman ("Plaintiff"), and Defendants Live Nation Merchandise, Inc. ("Live Nation"), Gap, Inc., Old Navy, LLC, Old Navy (Apparel), LLC, and C-Life Group Ltd. (collectively, "Defendants") have been and may be requested to provide certain documents, things, responses to requests for admission, responses to interrogatories, and/or testimony that each of them contends may contain trade secrets or other confidential and private commercial, financial and/or proprietary information;

WHEREAS, Plaintiff and Defendants (collectively, the "Parties") are desirous of protecting such information from inappropriate disclosure, including disclosure to competitors which would harm the Parties' businesses;

WHEREAS, in light of the concerns of inappropriate disclosure, good cause exists for the entry of a protective order in the above-captioned action (the "Action") pursuant to Federal Rule of Civil Procedure 26(c);

WHEREAS, in a related matter brought by Plaintiff, Friedman v. Live Nation Merchandise, Inc., CV 11-02047-MWF-VBK, the Court signed a similar protective order with a modification that is reflected herein (see Doc. 33 filed 8/23/11);

IT IS HEREBY STIPULATED by and between the Parties, through their respective counsel of record, that, subject to the approval of the Court, a protective order may be entered in the Action that shall govern the handling of all information contained in documents, deposition testimony, depositions, exhibits, and any other written, recorded or graphic material, hereinafter referred to as "Discovery Material" produced by any party, or obtained by any party hereto from a non-party witness in connection with this Action, whether or not in response to a formal discovery request. The provisions of this Confidentiality Stipulation and Protective Order ("Protective Order") shall also apply to any non-party who provides Discovery Material and agrees in writing to be bound to the terms of this Protective Order. References to a "party" or "parties" herein shall also include such non-parties.

1. This Protective Order governs the designation, disclosure and use of trade secrets or other confidential and private commercial, financial and/or proprietary information in this Action and any appeals or retrials through final judgment. This Protective Order shall govern until modified or superseded by a further order of this Court.

2. In this Protective Order, the terms "CONFIDENTIAL INFORMATION," and "HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY" shall mean information so designated in compliance with this Protective Order. Information so designated may be (without limitation) all or part of a document or thing, testimony, interrogatory, answer, admission or other form of evidence or discovery.

3. Any person, including non-parties, producing documents, information, or other materials in this Action ("Producing Party") may designate as CONFIDENTIAL INFORMATION any information, thing, testimony, answers, documents, or other Discovery Material of a confidential, sensitive nature that

(a) the Producing Party and its counsel (if the party is represented by counsel) reasonably and in good faith believe is in fact confidential and private; or (b) has only been disclosed pursuant to a protective order or non-disclosure agreement.

4. Any Producing Party may designate any confidential information as HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY that such party and its counsel (if the party is represented by counsel) believe in good faith is of a particularly sensitive nature of the type that could be readily exploited for commercial advantage by a competitor including, without limitation,

(i) proprietary trade secrets or competitively sensitive data, (ii) customer lists, (iii) customer information, (iv) business, product or marketing plans, (v) cost data, (vi) pricing information, (vii) internal training materials, (vii) market studies or forecasts, (ix) nonpublic financial data, (x) information concerning development activities for products, (xi) non-public technical information for products, (xii) information protected by statute or privacy laws and (xiii) research or development or other activities or other non-public information concerning or relating to current or future products.

5. A Producing Party may designate Discovery Material as CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY at the time it produces the material.

6. CONFIDENTIAL INFORMATION and HIGHLY CONFIDENTIAL INFORMATION -- ATTORNEYS' EYES ONLY shall be so designated by the following procedure:

(a) When a document to be produced for inspection contains CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY, the Producing Party shall so notify the inspecting party by designating the document as described in Paragraph 7. A document produced for inspection for which such notice has been given shall be inspected only by persons authorized to receive such information as provided herein.

(b) The Producing Party shall designate documents as containing CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY by marking, according to the provisions of Paragraph 7, each page of the copy that is or contains such information. If any page of a multi-page document is designated, the Producing Party shall also indicate on the first page of the document that it contains CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY.

(c) In the case of information produced in electronic media, such as CDs or DVDs, the designation shall be made by placing the Legend on the exterior of the CD, DVD or other media. When information is printed out from such media, the Receiving Party shall ensure that each page of all copies of the printed-out materials contains the appropriate designation.

(d) When deposition testimony is or contains CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY, any attorney of record present may so designate that by notifying others present on the record of the deposition. The deposition reporter shall then so mark each page of the transcript that reports designated testimony. Alternatively, any party may, until and including fourteen (14) days after transmission of a copy of said deposition transcript by the deposition reporter, designate by page and line or exhibit description those portions of the transcript or exhibits which contain CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY. All transcripts and exhibits from depositions taken in this Action shall be deemed to contain HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY until and including fourteen (14) days after transmission of said deposition transcript to all counsel of record for the parties by the deposition reporter.

(e) When responses to interrogatories or requests to admit contain CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY, the responding party shall so mark the cover page and each succeeding page of its response that contain such information pursuant to Paragraph 7.

7. CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY shall be marked by the placement of an appropriate stamp, sticker or other indicia of substantially the following form: "CONFIDENTIAL INFORMATION"; or "HIGHLY CONFIDENTIAL INFORMATION -- ATTORNEYS' EYES ONLY."

8. (a) Any CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY, or any document incorporating such information, that is filed or lodged with the Court shall be filed or lodged with the Court in accordance with the procedures to file or lodge documents under seal, as set forth in the Local Rules of this Court.

(b) A copy of all material filed or lodged with the Court under seal, redacted to remove all confidential information, shall be placed in the public court file.

(c) For any papers to be filed with the Court pursuant to Paragraph 8(a), the proposed filing shall be accompanied by an application to file the papers or the portion thereof containing the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION -- ATTORNEYS' EYES ONLY (if such portion can be segregated) under seal; and that application shall be directed to the judge to whom the papers are directed.

9. CONFIDENTIAL INFORMATION may be disclosed only to persons in the following categories who have the actual need to review CONFIDENTIAL INFORMATION:

(a) outside attorneys and their working staff handling this matter for counsel of record for a party in this Action;

(b) employees, representatives or consultants of a party to this Action, provided that, before any CONFIDENTIAL INFORMATION is disclosed to any such individual, counsel desiring to disclose CONFIDENTIAL INFORMATION to such individual shall first obtain from such individual a signed Undertaking in the form of Exhibit "A" hereto. Counsel shall maintain the original signed Undertakings in accordance ...


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