AMIRA ANDERSON, individually and on behalf of all similarly situated, Plaintiff,
SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, Defendant.
Anderson v. SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, Dist. Court, CD California 2013
Ekwan E. Rhow, - State Bar No. 174604, David I. Hurwitz, - State Bar No. 174632, BIRD, MARELLA, BOXER, WOLPERT, NESSIM, DROOKS & LINCENBERG, P.C., Los Angeles, California, Attorneys for Samsung Telecommunications America, LLC, a Delaware limited liability company.
STIPULATED PROTECTIVE ORDER
JEAN P. ROSENBLUTH, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between counsel for plaintiff Amira Anderson, on the one hand, and counsel for defendant Samsung Telecommunications America, LLC, on the other hand, that:
GOOD CAUSE STATEMENT
This action concerns breach of warranty claims regarding the Samsung Galaxy S cellular phone devices. The parties assert that documents and things that will be requested in discovery concerning confidential personal information as well as the sales, marketing and technical capabilities of such items and related licensing programs may reveal highly sensitive and confidential information that is purposely protected from disclosure to the public and that, if disclosed, would damage the parties. The party producing such information (the "Producing Party") would suffer serious competitive harm if the information identified above or other competitively sensitive information was made available to its customers, competitors, or to the public. The Producing Party's interest in restricting the disclosure and use of the confidential information described above outweighs the interest of the public in having access to such information. Therefore, good cause exists for the entry of this Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure to protect against improper disclosure or use of confidential information produced or disclosed in this case.
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Parties hereby stipulate and agree to abide by this Protective Order.
INFORMATION SUBJECT TO THIS ORDER
1. This Protective Order shall apply to all information, documents, testimony, or other things subject to discovery in this action that contains confidential personal information as well as proprietary, confidential, trade secret, or commercially sensitive information, as well as any copies, excerpts, summaries, derivations or compilations of any of the foregoing contained in any pleadings, reports, discovery responses, correspondence, documents or things (collectively, "Discovery Material")-namely, any information, documents, testimony, or other things designated "CONFIDENTIAL" and/or "ATTORNEYS' EYES ONLY" under this Protective Order. As used herein, "Producing Party" shall refer to any party, including the parties to this action and non-parties, who disclose and/or produce any Discovery Material in this action. "Receiving Party" shall refer to the parties to this action who receive Discovery Material from a Producing Party.
2. Any party or non-party from whom discovery is sought in this action, and who is producing or disclosing Discovery Material, may designate it as set forth herein as: (a) CONFIDENTIAL, or (b) ATTORNEYS' EYES ONLY subject to this Protective Order if it contains confidential, proprietary, and/or trade secret information or other confidential research, development, or commercial information.
3. In the absence of written permission from the Producing Party, Discovery Material designated as CONFIDENTIAL or ATTORNEYS' EYES ONLY:
(a) shall be protected from disclosure as specified herein, unless (i) the Producing Party states otherwise in writing, or (ii) a party obtains an order of the Court declaring that all or certain portions of such Discovery Material are not, in fact, protected or should be subject to an alternative designation; and
(b) shall be used only for purposes of this litigation, and not for any other purpose whatsoever, including but not limited to any business, competitive, or governmental purpose or function or for any other litigation unless stipulated in writing by the parties, required by law, or by order of the Court.
4. The Producing Party may designate documents or other tangible Discovery Materials by placing the following legend or similar legend on the document or thing: "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY." Only those portions of written materials and deposition testimony that are confidential or attorneys' eyes only confidential should be so designated. Notwithstanding anything to the contrary in this Protective Order, when the Producing Party is a non-party, any party to this action may designate (as appropriate under the provisions of this Protective Order) any and all Discovery Materials produced by the non-party by sending a letter to all parties and the producing non-party notifying them of the party's designations.
(a) Written discovery may be designated by placing a legend on every confidential page of the written material prior to production stating one of the following: "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY."
(b) Parties or testifying persons may designate depositions as CONFIDENTIAL or ATTORNEYS' EYES ONLY by indicating on the record at the time the testimony is given or by sending written notice that the testimony is designated within thirty (30) days of receipt of the hard copy transcript of the testimony. All information disclosed during a deposition shall be deemed ATTORNEYS' EYES ONLY until the time within which it may be designated as CONFIDENTIAL or ATTORNEYS' EYES ONLY has passed.
5. A Producing Party may designate Discovery Material as CONFIDENTIAL if it comprises, includes or reflects non-public, confidential, proprietary, and/or commercially sensitive information. Examples of CONFIDENTIAL material include but shall not be limited to: (i) non-public technical information; (ii) customer lists; (iii) non-public business and/or marketing plans (iv) non-public financial and/or accounting information; or (v) other similar material that is considered confidential and not publicly available. Discovery Material designated as CONFIDENTIAL may be disclosed only to the following:
(a) Outside litigation counsel of record and supporting personnel employed in the law firm(s) of outside litigation counsel of record, such as attorneys, paralegals, clerks, secretaries, and clerical personnel;
(b) Internal counsel, and paralegal or support personnel working with those counsel, associated with a party who either have responsibility for making decisions dealing directly with the litigation of this action or who are assisting outside counsel in preparation for proceedings in this action;
(c) Officers, directors or employees of a party, and paralegal or support personnel working with those officers, directors or employees, who either have responsibility for making decisions dealing directly with the litigation of this action or who are ...