ALFREDO J. TALAVERA, Plaintiff,
BROADCOM CORPORATION, Defendant.
KEKER & VAN NEST LLP, MICHAEL D. CELIO (SBN 197998), BENEDICT Y. HUR (SBN 224018), ANDREW LEVINE (SBN 278246), San Francisco, CA, Attorneys for Defendant BROADCOM CORPORATION.
[PROPOSED] STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION
JOHN E. McDERMOTT, Magistrate Judge.
Having considered the Joint Stipulation In Support Of Protective Order Regarding Confidential Information submitted by the Parties, through their counsel of record, and in order to protect confidential information exchanged by the Parties in connection with this case and pursuant the Court's authority under Federal Rule of Civil Procedure 26(c) and Federal Rule of Evidence 502,
IT IS HEREBY BY ORDERED THAT the following Stipulated Protective Order Regarding Confidential Information, and its terms, shall govern the production, use and disclosure of confidential information in this case:
I. GOOD CAUSE STATEMENT
It is in the intent of the Parties and the Court that information will not be designated as confidential for tactical reasons in this case and that nothing be so designated without a good faith belief that there is good cause why it should not be part of the public record in this case. Examples of confidential information that the Parties may seek to protect from unrestricted or unprotected disclosure include:
a. Information that is the subject of a non-disclosure or confidentiality agreement or obligation;
b. The names, or other information tending to reveal the identity of a Party's supplier, designer, distributor, or customer;
c. Agreements with third-parties, including license agreements, distributor agreements, manufacturing agreements, design agreements, development agreements, supply agreements, sales agreements, or service agreements;
d. Research and development information;
e. Information related to budgets, sales, profits, costs, margins licensing of technology or designs, product pricing, or other internal financial/accounting information, including non-public information related to financial condition or performance and income or other non-public tax information;
f. Information related to internal operations, including personnel information, employment policies, accounting standards and controls;
g. Information related to communications with outside auditors or counsel;
h. Information concerning litigation, including potential exposure to liability;
i. Information related to past, current and future product development;
j. Information related to past, current and future market analyses and business and marketing development, including plans, strategies, forecasts and competition;
k. Trade secrets (as defined by the jurisdiction in which the information is located).
Unrestricted or unprotected disclosure of such confidential technical, commercial or personal information would result in prejudice or harm to the producing Party by revealing the producing Party's competitive confidential information, which has been developed at the expense of the producing party and which represents valuable tangible and intangible assets of that party. Additionally, privacy interests must be safeguarded. Accordingly, the Court finds that there is good cause for the entry of this Protective Order.
The following definitions shall govern the provisions of this Stipulated Protective Order:
l. "Action": the above-captioned matter, as well as any related mediation or settlement discussions between the Parties related to the above-captioned matter.
m. "Challenging Party": Party or Non-Party that challenges the designation of information or items under this Stipulated Protective Order.
n. "Confidential Material": any disclosed or produced material, testimony, or information that is designated by a Party or Non-Party as CONFIDENTIAL ...