ALEKSANDR L. YUFA, Plaintiff,
TSI INCORPORATED and
David A. Senior (SBN 108579), McBreen & Senior, Los Angeles, California, Bruce H. Little (pro hac vice), Christopher R. Sullivan (pro hac vice), LINDQUIST & VENNUM PLLP, Minneapolis, Minnesota, Attorneys for Defendant TSI INCORPORATED.
JAY C. GANDHI, Magistrate Judge.
Upon motion of TSI Incorporated for an order pursuant to Fed.R.Civ.P. 26(c) that trade secret or other confidential information be disclosed only in designated ways:
GOOD CAUSE STATEMENT
TSI Incorporated anticipates the production of confidential, proprietary, commercially sensitive, and/or trade secret materials during discovery or at hearings in this case. Similarly, TSI Incorporated anticipates that this case will involve the production of certain confidential information regarding non-parties. TSI Incorporated reasonably and with good cause believes that the entry of this Protective Order is necessary and proper to: 1) protect TSI Incorporated from undue competitive harm in the market place, and 2) prevent the harm that would result from the unnecessary public dissemination of confidential information relating to non-parties. The specific categories of information to be protected, as well as the specific harm or prejudice that will result if no Protective Order is entered, are outlined below in paragraphs 2 (A)-(I).
1. As used in the Protective Order, these terms have the following meanings: "Attorneys" means counsel of record;
"Confidential" documents are documents designated pursuant to paragraph 2;
"Confidential - Attorneys' Eyes Only" documents are the subset of Confidential documents designated pursuant to paragraph 5;
"Documents" are all materials within the scope of Fed.R.Civ.P. 34;
"Written Assurance" means an executed document in the form attached as Exhibit A.
2. By identifying a document "Confidential", a party may designate any document, including interrogatory responses, other discovery responses, or transcripts, that it in good faith contends to constitute or contain trade secret or other confidential information. The purpose of this Protective Order is to protect from public disclosure certain specific categories of materials that would either cause competitive injury if revealed or would needlessly subject non-parties to the annoyance, embarrassment, and undue burden of having certain private information made public. A party may designate as Confidential the following categories of materials:
A. "Trade Secret" means a document meeting the definition of a "trade secret" under California Civil Code, section 3426, including, information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
B. "Marketing Strategy Documents" are non-public documents containing information regarding any party's strategy or plans to improve or increase market share, or that disclose a party's strategies and methods of selling or marketing its products or services. "Marketing Strategy Documents" could be used by competitors to disrupt or preempt a party's efforts to improve or increase its position in the marketplace.
C. "Non-Party Personnel Documents" are documents included in personnel files maintained in a party's regular course of business for any employee or former employee who is not named individually as a party to this action. These documents include information relating to one or more of the following types of private information: social security numbers, salaries and rates of pay, results of drug testing, arrest/criminal records, unlisted home addresses and telephone numbers, medical/mental health records, and tax information. ...