ANTHONY B. ALLEN, Plaintiff,
RALEY'S, a California Corporation; JOYCE RALEY TEEL, an Individual; MICHAEL J. TEEL, an Individual; DOES ONE through 100, Inclusive, Defendants.
DANIEL J. COYLE (Bar No. 119274) SHAYE SCHRICK (Bar No. 238354) DOWNEY BRAND LLP Sacramento, CA, Attorneys for Defendant RALEY'S.
LARRY L. BAUMBACH, Attorney for Plaintiff ANTHONY B. ALLEN.
STIPULATION FOR PROTECTIVE ORDER AND PROTECTIVE ORDER
KENDALL J. NEWMAN, Magistrate Judge.
In order to protect the confidentiality of confidential information obtained by the parties in connection with this case, the parties hereby agree as follows:
1. Any party or non-party may designate as "confidential" (by stamping the relevant page or as otherwise set forth herein) any document or response to discovery which that party or non-party considers in good faith to contain information involving trade secrets, or confidential business or financial information, or personal identifying information pertaining to individuals, subject to protection under federal or California law. Such documents and responses designated "confidential, " including the information contained therein, are hereinafter referred to as "Confidential Information." Where a document or response consists of more than one page, the first page and each page on which Confidential Information appears shall be so designated.
2. A party or non-party may designate information disclosed during a deposition or in response to written discovery as "confidential" by so indicating in said responses or on the record at the deposition and requesting the preparation of a separate transcript of such material. Additionally, a party or non-party may designate in writing, within twenty (20) days after receipt of said responses or of the deposition transcript for which the designation is proposed, that specific pages of the transcript and/or specific responses be treated as Confidential Information. Any other party may object to such proposal, in writing or on the record. Upon such objection, the parties shall follow the procedures described in paragraph 8 below. After any designation made according to the procedure set forth in this paragraph, the designated documents or information shall be treated according to the designation until the matter is resolved according to the procedures described in paragraph 8 below, and counsel for all parties shall be responsible for marking all previously unmarked copies of the designated material in their possession or control with the specified designation.
3. All Confidential Information produced or exchanged in the course of this case (other than information that is publicly available) shall be used by the party or parties to whom the information is produced solely for the purpose of this case.
4. Except with the prior written consent of the other parties, or upon prior order of this Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to any person other than:
a) counsel for the respective parties to this litigation, including in-house counsel and co-counsel retained for this litigation;
b) employees of such counsel;
c) individual defendants, class representatives, any putative class member who has filed a consent with the Court to join in this litigation, any officer or employee of a party, to the extent deemed necessary by counsel for the prosecution or defense of this litigation;
d) consultants or expert witnesses retained for the prosecution or defense of this litigation, provided that each such person shall execute a copy of the "Agreement to Be Bound by Protective Order" (Exhibit A) (which shall be retained by counsel to the party so disclosing the Confidential Information and made available for inspection by opposing counsel during the pendency or after the termination of the action only upon good cause shown and upon order of the Court) before being shown or given any Confidential Information;
e) any authors or recipients of the ...