FRED A. FENSTER, (SBN 50489), NANCY C. MORGAN, (SBN 205430), GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP, Los Angeles, California, Attorneys for Plaintiff Caltex Plastics, Inc.
GARY M. ANDERSON (SBN 97385), DAVID PITMAN, (SBN 172944), KENYA WILLIAMS, (SBN 276875), FULWIDER PATTON LLP, Los Angeles, California, Attorneys for Defendant Desco Industries, Inc.
[PROPOSED] PROTECTIVE ORDER
JOHN E. McDERMOTT, Magistrate Judge.
The Court, having reviewed the Stipulation for Protective Order executed by the parties through their respective counsel, and good cause appearing therefor,
IT IS ORDERED:
1. Discovery in this action is expected to require the production of non-public confidential information concerning the business affairs of the parties, including but not limited to pricing information, sales and revenue figures, customer identities, and materials that may constitute trade secrets. There is good cause for the entry of a protective order under Rule 26(c) of the Federal Rules of Civil Procedure with respect to such materials because the disclosure of the pricing information, sales and revenue data, customer identities, and trade secrets could result in competitive injury.
2. As used herein, "Confidential Material" means: (a) non-public price lists and price quotations; (b) non-public sales, profit and revenue figures; (c) non-public information disclosing the identities of any customer of any party providing discovery, including any party to this action or any third party (a "Producing Party"); and (d) any other non-public information that any Producing Party reasonably believes, in good faith, is likely to cause competitive harm if disclosed or constitutes a trade secret under applicable law.
3. "Confidential Material" does not include any information:
(a) that is known to or independently developed by the party receiving the production (the "Receiving Party");
(b) that, after the disclosure to the Receiving Party by the Producing Party is revealed to the public or to the Receiving Party by a person having the unrestricted right to do so; or
(c) that is acquired by the Receiving Party from any third party which lawfully possesses the information and owes no contractual duty of non-disclosure to the Producing Party.
4. There shall be two categories of Confidential Material under this Protective Order:
(a) "CONFIDENTIAL, " and
(b) "ATTORNEYS' EYES ...