LOVE SYSTEMS INC., a California corporation, and, KING EDWARD FIRST, INC., a California corporation Plaintiffs,
U.S. BANK, N.A., a national banking association; and DOES 1 through 20, inclusive, Defendants.
[PROPOSED] PROTECTIVE ORDER [F.R.C.P., Rule 29]
PAUL L. ABRAMS, Magistrate Judge.
Pursuant to the Amended Stipulation for Protective Order entered into between Plaintiff Love Systems Inc. ("Plaintiff") and defendant U.S. Bank N.A. ("Defendant") (collectively the "Parties", and each a "Party"), and for good cause shown, the Court issues the following protective order:
1. For the purposes of this Stipulation and Order, the term "document" shall be given its broadest possible construction to include all written, recorded, electronic, or graphic matter whatsoever and all copies (identical or non-identical) thereof.
2. Any party may designate any Discovery Material as "Confidential" under the terms of this Stipulation and Order if the designating Party believes in good faith that such Discovery Material contains non-public, confidential, proprietary, or commercially or personally sensitive information related to financial, marketing or business plans, strategies or projections; proposed strategic transactions or other business combinations; business or asset appraisal information; trade secrets or other commercially sensitive business or technical information; confidential information provided by a third party; information concerning settlement discussions, demands, or offers; customer information; personal and business financial information and other nonpublic, sensitive or personal information.
3. All documents marked "Confidential" produced by any Party shall be maintained in confidence by the parties and shall not be disclosed except as permitted by this Protective Order, and only to the following persons:
a) The Parties, as defined above, to this lawsuit ("Underlying Litigation");
b) Outside counsel and inside counsel for the Parties, and any employees of such counsel, who are actively engaged in connection with the preparation for and trial of this litigation, or in monitoring such activities;
c) Officers, directors and employees of the parties who are assisting in the preparation of or actively engaged in connection with or making decisions with respect to the preparation for and trial of this litigation, or in monitoring such activities, provided that any such individuals have first agreed to be bound by this Order;
d) The Court and its officers, including but not limited to jurors impaneled in the trial of the Underlying Litigation and any appellate court considering an appeal from the Underlying Litigation;
e) Witnesses providing testimony at trial, but only at the time of such testimony and only as relevant and necessary to such testimony;
f) Third parties such as experts or consultants used to assist in this litigation, provided that the third party has signed an agreement in the form of Exhibit A attached hereto or the designating Party has waived such requirement in writing;
g) Party and nonparty witnesses in the Underlying Litigation being deposed, but only to the extent that such Confidential Information is necessary and relevant to said deposition, and provided that in the case of a deponent who is not also a Party, such deponent has signed an agreement in the form of Exhibit A attached hereto, or designating Party has waived such provision in writing.
A Party shall provide copies of any executed Exhibit A's that are utilized by that Party to all other parties within five (5) business days of obtaining such executed Exhibit A.
4. In the event of a dispute regarding the designation or disclosure of Confidential or Highly Confidential Discovery Material, the parties agree to follow the procedure of Local Rule 37. Either the parties will stipulate to file the Joint Stipulation required under Local Rule 37 under seal, or the party seeking the sealing of the Joint Stipulation will file an ex parte application to that effect. The parties must set forth good cause in the ...