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Robert Kaufman Co., Inc. v. Ashford Textiles, LLC

United States District Court, Ninth Circuit

June 3, 2013

ROBERT KAUFMAN CO., INC., Plaintiffs,
v.
ASHFORD TEXTILES, LLC, et al. Defendants,

PAUL D. SUPNIK [SBN 52842], Beverly Hills, CA, BRADLEY C. ARNOLD [SBN 211996], LAW OFFICES OF BRADLEY C. ARNOLD, Laguna Beach, CA, Attorneys for Defendant ASHFORD TEXTILES, LLC.

PROTECTIVE ORDER

CARLA M. WOEHRLE, Magistrate Judge.

Pursuant to the Parties' Stipulation re Entry of Protective Order, and good cause appearing therefore, it is hereby ORDERED that all parties to this action and their counsel comply with the following protective order:

A. STATEMENT OF GOOD CAUSE

Plaintiff Robert Kaufman, Co., Inc. is in the business of creating and manufacturing fabric. Defendant is an importer and distributor of fabric goods. Plaintiff claims infringement of its copyright in a chili pepper pattern by kitchen goods distributed by defendant Ashford Textiles, LLC.

The Parties submit that there is good cause to preserve the confidentiality of this information at the pretrial discovery phase, since, at this pretrial discovery phase of the proceedings, their interest in preserving confidentiality substantially outweighs the public's interest in access to the information. The Court reserves judgment as to whether there is good cause or compelling reason to preserve the confidentiality of this information at the summary judgment and trial phases of these proceedings.

B. DEFINITIONS AND GENERAL PROVISIONS

1. Designated Materials: Any information or documents disclosed by a Party during discovery, which are designated "Confidential" or "Highly Confidential" by the producing Party.

2. Highly Confidential Materials: Any information or documents disclosed by a Party during discovery, which are designated "Highly Confidential" by the producing Party. The following materials may be designated as "Highly Confidential":

a. Documents that identify customers and retailers of the parties' products, invoices that identify a customer, purchase orders that identify a customer, shipping documents that identify a customer, and other materials that disclose the identity of customers or their contact information.
b. Materials that disclose non-public financial information of the producing Parties or of third parties, such as sales figures, advertising expenditures, profits and losses.
c. Materials that disclose the producing Party's written business plans or written marketing plans.
d. Any other information or documents which, if disclosed, would reveal significant technical or business advantages of the producing or designating Party.

3. Confidential Materials: Any information or documents disclosed by a Party during discovery, which are designated "Confidential" by the producing Party. The following ...


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