[PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION
ARTHUR NAKAZ, Magistrate Judge.
A. Purposes and Limitations
Disclosure and discovery in this Action will involve production of confidential information for which protection from public disclosure, and from use for any purpose other than litigating this Action, is warranted. Accordingly, the Parties stipulate to and petition the Court to enter the following Stipulated Protective Order. Nothing herein shall be deemed to waive or limit any rights or protections that any of the Parties or any other person may have under the Federal Rules of Civil Procedure, the Local Civil Rules of this Court, or other applicable law, nor shall this Order alter the burden of establishing the confidentiality of designated information.
1. Party: any party to this Action, including their respective officers, directors, and employees.
2. Discovery Material: any information that is produced or otherwise disclosed in connection with this Action.
3. Receiving Person: any Party or other person that receives Discovery Material in connection with this Action.
4. Producing Person: any Party or other person, including but not limited to a third-party subpoena recipient, that produces Discovery Material in connection with this Action.
5. Designating Person: any Party or other person that designates any Discovery Material as CONFIDENTIAL or HIGHLY CONFIDENTIAL as provided herein.
6. Protected Material: any Discovery Material that is designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL as provided herein. Information may be designated as CONFIDENTIAL only if the Designating Person reasonably believes such information reflects or reveals a trade secret or other confidential research, development, or commercial information or non-public personal information that is entitled to confidential treatment under Fed.R.Civ.P. 26(c). Information may be designated as HIGHLY CONFIDENTIAL only if the Designating Person reasonably believes (a) such information meets the definition of CONFIDENTIAL information above, and (b) the disclosure of such information to anyone other than those persons specified in Section G.2 below likely will result in serious competitive, commercial, financial or personal harm. Protected Material shall not include any information already in the public domain.
7. Secondary Material: any information copied, excerpted, extracted, summarized, compiled or otherwise derived from Protected Material, plus testimony or conversations or presentations by the Parties or Counsel in settings that reveal Protected Material.
8. Outside Counsel: attorneys who are retained to represent or advise a client in connection with this Action, but who are not employees of the represented person.
9. In-House Counsel: attorneys who are employees of a Party.
10. Expert: a person with specialized knowledge or experience in a matter pertinent to this Action who has been consulted by a Party or its counsel to serve as an expert witness or as an investigator or consultant in this Action.
11. Professional Vendors: persons and their subcontractors that provide litigation support services. This includes any professional jury or trial consultant retained in connection with this Action.
The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also Secondary Material (as defined above). The Parties shall attempt to agree in good faith upon procedures to prevent disclosure of Protected Material at trial, and shall submit such proposed procedures to the Court for its approval or modification. Protected Material cannot be offered as evidence, included or referenced in filings, or relied upon at court proceedings unless and until such procedures have been submitted to and ruled upon by the Court. The Parties do not intend the foregoing provision to waive any arguments as to the use of CONFIDENTIAL or HIGHLY CONFIDENTIAL INFORMATION at trial or the admissibility of documents or information at trial.
This Order shall remain in force and effect until modified, superseded, or terminated by order of the Court, including after termination of this litigation. For the purpose of enforcing this Order, this Court shall retain jurisdiction following the conclusion of this Action over the Parties and all persons bound by this Order.
E. Designating Protected Material
1. Form and Timing of Designations. Protected Material must be ...