PETER R. DION-KINDEM (SBN 95267), THE DION-KINDEM LAW FIRM, PETER R. DION-KINDEM, P. C., Woodland Hills, CA, Attorneys for Plaintiff Barry Rosen.
JOSHUA BRIONES (SBN 205293), PATRICK S. PARK (SBN 246348), DLA PIPER LLP (US), Los Angeles, CA, Attorneys for Defendant SoftLayer Technologies, Inc..
PROPOSED STIPULATED PROTECTIVE ORDER
VICTOR B. KENTON, District Judge.
Plaintiff Barry Rosen and Defendant SoftLayer Technologies, Inc. ("SoftLayer") hereby stipulate to the entry of the following Protective Order governing the disclosure and discovery of confidential information. The parties acknowledge and understand that nothing in this Order shall be taken as an admission that information or documents that may be covered by this Order are relevant to or in any way the proper subject of discovery in this litigation.
INFORMATION SUBJECT TO THIS ORDER
1. For the purposes of this Order, "Confidential Information" shall mean proprietary information not generally known to the public that the designating party would not disclose to competitors or third parties within the ordinary course of business, which has been designated by the producing party as "CONFIDENTIAL" pursuant to the terms of this Order.
2. Designations of "Confidential" information (hereinafter "Protected Information") may be made during depositions or other pretrial testimony: (i) by a statement on the record, by counsel, during such deposition or other pretrial proceeding, that the entire transcript or a portion thereof shall be designated as "CONFIDENTIAL" as appropriate, hereunder; or (ii) by written notice of such designation sent by counsel to all parties within 30 calendar days after the receipt of the final transcript of the deposition. The parties may modify this procedure for any particular deposition or proceeding through agreement on the record at such deposition or proceeding or otherwise by written stipulation, without further order of the Court; provided, however, that any such modification is subject to review by the Court, if appropriate. If any Protected Information is disclosed during the course of a deposition, that portion of the deposition record reflecting such Protected Information shall be sealed and stamped with the designated degree of confidentiality, and access thereto shall be limited pursuant to the other terms of this Protective Order.
3. With respect to any testimony elicited during any deposition, whenever counsel for any party deems that any question or line of questioning calls for or has resulted in disclosure of Protected Information and any person is in attendance at the deposition who is not qualified to receive such information pursuant to this Order, and such person is not the witness being examined, such person shall be excluded from those portions of the proceeding during which disclosure of the Protected Information occurs.
4. Notwithstanding Paragraphs 1 through 4, the following information is not Protected Information:
(a) any information that at the time of disclosure to a receiving party is in the public domain;
(b) any information that, after its disclosure to a receiving party, becomes part of the public domain as a result of publication not involving a violation of this Order or breach of an obligation of confidentiality to the producing party;
(c) any information known to the receiving party prior to the disclosure; and
(d) any information obtained by the receiving party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the producing party.
Nothing in this Protective Order shall preclude any party from disclosing or using, in any manner or for any purpose, any information described above in subparagraphs (a)-(d) of this Paragraph.
5. Absent a specific order by the Court, all Protected Information produced to an opposing party in this litigation shall be used by the parties solely in connection with and for purposes of this litigation, unless it is reasonably necessary or relevant in any other litigation between any of the same parties as the parties in this action. Any other use of Protected Information shall be a violation of this Order.
DESIGNATING PROTECTED INFORMATION
6. With respect to documents produced by a party, a "CONFIDENTIAL" designation shall be made by the party producing the document, at the time of production (or as may be agreed to by the parties), by labeling or marking the document with the appropriate legend. Any response to written interrogatories or requests for admission (or any portion thereof) that constitutes or contains Protected Information shall be labeled or marked with the appropriate legend by the party providing the response. Documents that are used as exhibits in deposition and are already designated as "CONFIDENTIAL" shall keep their confidentiality designation.
CHALLENGES TO CONFIDENTIALITY DESIGNATIONS
7. The parties shall use reasonable care when designating documents or information as Protected Information. The acceptance by a party of documents or information designated as Protected Information shall not constitute an agreement, admission, or concession, or permit an inference, that the materials are in fact properly subject to protection under Federal Rule of Civil Procedure 26(c) or on any other basis. Nothing in this Order shall be construed to prevent any party ...