HERMOSA ON METROPOLE, LLC, a California limited liability company, Plaintiff,
CITY OF AVALON, a municipal corporation; and DOES 1-25, Defendant.
[PROPOSED] ORDER ENTERING STIPULATED CONFIDENTIALITY ORDER
FREDERICK F. MUMM, Magistrate Judge.
This action involves allegations concerning financial harm to Plaintiff Hermosa On Metropole, LLC ("Hermosa") stemming from the Defendant City of Avalon's ("City") (collectively, the "Parties") alleged deprivation of Hermosa's civil rights. Discovery in this action will involve the disclosure of private, privileged, proprietary, and confidential information, including without limitation the following:
A) Confidential and non-public financial records and tax information;
B) Proprietary and confidential business information, including leases and rental rates; and
C) Confidential and private information of individuals who are not parties to this litigation.
Pursuant to FED. R. CIV. P. 26(c) and 29, good cause therefore exists for entry of this Order because the Parties to this action (a) either have sought or might seek the discovery of certain information in this action that the Parties believe is sensitive or confidential, (b) believe that unrestricted disclosure or dissemination of such information could cause them some business or commercial injury, (c) desire an efficient and practicable means to designate such information as confidential and control its disclosure or dissemination, and (d) have agreed to such means as set forth herein.
The Court hereby ORDERS THAT:
1. During the course of this litigation, all documents and information that a party considers to contain or to constitute confidential, trade secrets, proprietary and/or financial information including but not limited to: (a) financial statements and tax documents; (b) transient occupancy tax forms; (c) leases; (d) property and business valuations; (e) third party tax and financial information; (f) data derived from such confidential information, including any summaries, compilations, quotes, or paraphrases thereof; and (g) any other oral, written, or recorded material which consists of or contains confidential financial information, trade secret, or commercial information or information subject to a claim of right to privacy and that has been designated by the producing party as confidential by stamping or writing "CONFIDENTIAL" on the face of the document, or alternatively, on the portion thereof containing the confidential information, shall be handled in accordance with this Confidentiality Order.
2. Any designating party shall have the right to designate as "CONFIDENTIAL" any information and/or document it believes in good faith embodies trade secret, or other confidential research, confidential development, or confidential commercial information, financial, proprietary or personal information.
3. In the case of documents or information produced by third parties, any third party hereto shall also have the right to designate said information and/or documents as being "CONFIDENTIAL" as necessary.
4. A designation of "CONFIDENTIAL" pursuant to this Confidentiality Order shall not be construed as a concession by any party that such information is relevant or material to any issue, or is in fact confidential, proprietary, privileged, or a trade secret.
5. CONFIDENTIAL information shall be held in confidence by each person to whom it is disclosed, shall be used only for purposes of this action, shall not be used for any other business purpose, and shall not be disclosed to any person ...