BRYAN CAVE LLP. Berrie R. Goldma, Jonathan S. Pink (Bar No. 179685), Irvine, California, Robert Lancaster (Bar No. 257504), Santa Monica, California, Berrie R. Goldman (Bar No. 246061), Nicholas A. Lind (Bar No. 280427), San Francisco, CA, Attorneys for Plaintiff, Counterdefendant SA Recycling, LLC.
KLEINBERG & LERNER, LLP MARMON LAW OFFICES Marvin H. Kleinberg (Bar No. 24, 953), Bradford E. Mattes (Bar No. 159, 004), Los Angeles, California, Victor I. Marmon (Bar No. 66, 709), MARMON LAW OFFICES, Los Angeles, California, Attorneys for Defendant and Counterclaimant Kramar's Iron & M Inc.
STIPULATED PROTECTIVE ORDER
JEAN P. ROSENBLUTH, Magistrate Judge.
In order to protect confidential and/or competitively sensitive information or things produced or disclosed in connection with the instant action, plaintiff SA Recycling LLC and defendant Kramar's Iron & M Inc. (hereinafter the "parties") stipulate through their respective counsel to the entry of a Protective Order, the grounds for and terms of which are set forth below.
GOOD CAUSE GROUNDS FOR PROTECTIVE ORDER
Good cause exists for this Protective Order. The parties are direct business competitors. They have begun pretrial discovery in this case. This discovery may involve confidential, proprietary, and competitively sensitive information including, but not limited to, the identity of customers, vendors, suppliers, and their contact information, non-public information including, but not limited to, income, costs, pricing, profits, losses, budgets, expenditures, trade secrets as defined in California Civil Code § 3246.1, the parties' business strategies, operations, and proprietary knowledge, and confidential information of non-parties.
In light of the foregoing, the parties submit that there is good cause to preserve the confidentiality of this information because the parties' interest in preserving this confidentiality substantially outweighs the public's interest in having access to this information.
The Court, having considered the terms set forth below and finding good cause therefor, hereby ORDERS that:
A. DEFINITIONS AND GENERAL PROVISIONS
As used anywhere in this Protective Order, the following words and terms are defined as indicated below:
1. "Party" - Plaintiff and counterdefendant SA Recycling LLC, defendant and counterclaimant Kramar's Iron & M Inc., their agents and employees, and any person who may be subsequently joined in this action, excluding attorneys.
2. "Producing Party" - A Party that originally produces or designates "Designated Material, " as defined below in paragraph 13 of this section A, in connection with this action. A Producing Party further includes any non-party that has agreed to be bound by the terms of this Protective Order as provided in section C below.
3. "Receiving Party" - A Party that receives or otherwise possesses Designated Material that was produced or designated as Designated Material by a Producing Party.
4. "Attorney" - An attorney of record in this action for a Party. For purposes of disclosure of Material, Attorney includes any person who is a member of an Attorney's in-house litigation support staff.
5. "Consultant" - Any expert, lay person, or other natural person who, or legal entity, which provides any consulting or expert services in connection with this action (as well as their support staff). Whether a person appears or does not appear at trial or is compensated or is not compensated has no bearing on whether that person is a Consultant as defined herein. A Consultant cannot be: (1) a past or current employee, officer, director, manager, managing agent, or member of a Party or of a Party's competitor, or a relative or friend of any of the foregoing or (2) at the time of retention, anticipated to become an employee, officer, director, manager, managing agent, or member of a Party or of a Party's competitor. Each Party and Attorney to whom this Protective Order applies, by agreeing to the terms of this Protective Order, agrees that it will not contact any other Party's Consultant at any time unless each such Party and Attorney seeking to make such contact first obtains express, written authorization from the other Party's Attorney.
6. "Material" - any tangible or intangible thing, including, but not limited to, documents, information, testimony, communications, representations, any "writing, " "recording, " or "photograph" as defined in F.R.Evid. 1001, and any unwritten, unrecorded, and/or unphotographed, concepts, ideas, plans, strategies, ...