MARDIROSSIAN & ASSOCIATES, INC., THE BECK LAW FIRM, Rowena J. Dizon, Esq., Attorneys for Plaintiff Matthew Goggans.
LEWIS BRISBOIS BISGAARD &, SMITH LLP, Dana A. Fox, Barry Hassenberg, Attorneys for Defendants. CITY OF FULLERTON, OFFICER A. CICIARELLI #068; MICHAEL SELLERS, Chief of Police,
STIPULATION AND PROTECTIVE ORDER
JEAN P. ROSENBLUTH, Magistrate Judge.
The parties hereto have stipulated and agreed to entry of a Protective Order in this case. A Protective Order shall be entered in this case, with the following terms, conditions, and requirements:
1. Certain information, documents, and other things ("Discovery Material") discovered from a party under the Federal Rules of Civil Procedure or voluntarily produced by a party in this action may include confidential or private information of the party from which the discovery is sought. Information, documents, and other things, which are otherwise not objectionable, shall only be produced whether voluntarily or in response to formal discovery, subject to this Protective Order ("Order").
2. Any of the parties producing Discovery Material in this litigation may designate Discovery Material produced by it/him/her as "Highly Confidential - Attorney's Eyes Only" under the terms of this Order. This designation shall be limited to information which the disclosing party in good faith believes contains or reveals private, confidential, proprietary, or commercially sensitive information that requires the protections provided by this Order. For purposes of this Order, Discovery Material that may be designated "Highly Confidential - Attorney's Eyes Only" includes all non-public materials which contain information reflecting or related to: employment files; personnel records; strategies for training or response; trade secrets; proprietary information; studies or analysis by outside expert or investigator; proprietary technical information; financial or tax data; personal financial information; personal information; and documents defined and/or described in California Penal Code sections 832.5, 832.7, and 832.8. A party may designate Discovery Material as "Highly Confidential - Attorney's Eyes Only" that it believes contains or refers to trade secrets, non-public information, and or private information that, if disclosed, could cause injury to the producing party.
3. Discovery Material that is designated "Highly Confidential - Attorney's Eyes Only, " and any documents or information derived therefrom, shall be used solely for purposes of this litigation and may not be used for any other purpose whatsoever, including but not limited to the purpose of dissemination to the media or the public, or in connection with any other litigation.
4. Discovery Material designated "Highly Confidential - Attorney's Eyes Only" may be disclosed, summarized, described, characterized or otherwise communicated or made available in whole or in part to the following persons: (a) outside and in-house counsel who represent a party in this litigation, and the regular and temporary employees and service vendors of such counsel assisting in the conduct of the litigator, provided such disclosure may solely be for use in accordance with this Order; (b) clients; (c) potential or active witnesses or deponents and their counsel, during the course of, or, to the extent necessary in preparation for, depositions, testimony or trial in this litigation; (d) experts or consultants, including information technology vendors, and their employees and/or staff members engaged to assist counsel for a party in the litigation; (e) the Court; (f) court reporters employed by the Court or in connection with the litigation; (g) authors or recipients of documents or persons referred to in any document; and (h) any other person only upon order of the Court or upon stipulation of the producing party.
5. Anyone who has agreed to be bound by this agreement and receives "HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY" discovery material shall be bound by the terms of this agreement concerning the use of these discovery materials.
6. The designation of Discovery Material as "Highly Confidential - Attorney's Eyes Only" shall be so designated by affixing the legend of "HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY" to each page containing any "Highly Confidential - Attorney's Eyes Only" Discovery Material. Affixing the legend on the cover of any multipage document which is bound, stapled, or otherwise securely attached shall designate all pages of the document as "Highly Confidential - Attorney's Eyes Only, " unless otherwise indicated by the producing party. Only those portions of multipage documents that qualify as "Highly Confidential - Attorney's Eyes Only, " should be designated as such.
7. If the Disclosing Party inadvertently produces any Highly Confidential Information without designating it as such, it may be remedied by (1) promptly notifying the other parties of the error; and (2) providing a substitute copy of the Highly Confidential Information with a proper legend. In that event, the parties receiving the inadvertently produced undesignated Highly Confidential Information will: (1) return the previously produced Highly Confidential Information and destroy all copies thereof; and (2) if the party had already disseminated the Highly Confidential Information to any person, the party will notify all such persons in writing of the need to return such Highly Confidential Information and not to further disseminate it. The initial failure to designate information in accordance with this Order shall not be deemed a waiver of confidentiality.
8. In the case of depositions, the designation of Discovery Material as "Highly Confidential - Attorney's Eyes Only" for purposes of this order shall be made (i) by a statement on the record, by counsel, at the time of such disclosure; or (ii) by written notice, sent by counsel to all parties within twenty (20) business days after receiving a copy of the transcript thereof; and in both of the foregoing instances, by directing the court reporter that the appropriate confidentiality legend be affixed to the first page and all portions of the original and all copies of the transcript containing any "Highly Confidential - Attorney's Eyes Only" Discovery Material. All deposition transcripts shall be treated as "Highly Confidential - Attorney's Eyes Only" until the expiration of the twentieth business day after receipt by counsel of a copy of the transcript thereof. Thereafter, only those portions of the transcripts designated as "Highly Confidential - Attorney's Eyes Only" in the litigation shall be deemed "Highly Confidential - Attorney's Eyes Only" Discovery Material. The parties may modify this procedure for any particular deposition, through agreement on the record at such deposition, without further order of the Court. No amendment or modification agreed to by the parties will have the force or effect of a Court order unless the Court approves it. The provisions of this Protective Order do not apply to trial or other hearings.
9. "Highly Confidential - Attorney's Eyes Only" Discovery Material may be provided to persons listed in paragraphs 4 and 5 above, provided that such individuals are using said "Highly Confidential - Attorney's Eyes Only" Discovery Material solely in connection with this litigation and provided further that such individuals sign a ...