GRAYLING TAYLOR, an individual, and BRUCE BROWN, an individual on behalf of himself and others similarly situated, Plaintiffs,
SHIPPERS TRANSPORT EXPRESS, INC., a California corporation, SSA MARINE, a Washington corporation, and DOES 1 to 10 inclusive, Defendants.
JAMES J. McMULLEN, JR., (SBN: 095853), STACEY M. COOPER, (SBN 226012), TARA J. GILLMAN, (SBN: 243077), LISA A. HILL (SBN: 223995), GORDON & REES LLP, San Diego, CA, Attorneys for Defendants.
C. Joe Sayas, Jr., (SBN: 122397), Karl P. Evangelista, (SBN: 250685), LAW OFFICES OF C. JOE SAYAS, JR., Glendale, California, Matthew B. Hayes, (SBN: 220639), Kye D. Pawlenko (SBN: 221475), HAYES PAWLENKO LLP, Pasadena, California, Attorneys for Plaintiffs.
STIPULATED PROTECTIVE ORDER
PAUL L. ABRAMS, Magistrate Judge.
TO THE COURT:
The parties hereto, Plaintiffs Bruce Brown and Grayling Taylor, (collectively hereafter referred to as "Plaintiffs"), on the one hand, and Defendants SSA Marine, Inc., and Shippers Transport Express, Inc. (collectively hereafter referred to as "Defendants"), on the other hand, by and through their respective counsel of record, hereby stipulate to the entry of a Protective Order pursuant to Federal Rule of Civil Procedure 26(c).
On September 11, 2013, the Court issued its Order Re Plaintiff's Motion to Compel. In this Order, the Court stated that the parties may submit a stipulated protective order by September 17, 2013 regarding the documents SSA Marine will subsequently be producing by September 24, 2013. On September 16, 2013, the Parties agreed that Shippers Transport Express, Inc., should also be made a party to the stipulated protective order for uniformity and efficiency purposes.
GOOD CAUSE STATEMENT
There is good cause for this Protective Order because discovery, and its accompanying disclosures in this case will likely involve the production of confidential, proprietary, or private information and/or documentation of Defendants and third parties. Such information may include, but is not limited to, personal information of employees of Defendants and third parties. Additionally, such information may include trade secrets, confidential proprietary and private commercial and financial information, such as confidential transactions between the individual Defendants and their respective third party customers, and financial account information of Defendants not generally subject to public disclosure. This confidential information may also include agreements, contracts, business arrangements, and confidential logistical and/or financial communications between Defendants and third parties not generally subject to public disclosure.
Special protection of these categories of information from public disclosure and/or from use for any purpose other than prosecuting or defending this litigation is warranted. Accordingly, the parties hereby stipulate to the Court the entering into of the following Protective Order. This Order does not confer blanket protections on all disclosures or responses to discovery, and the protection it affords extends only to the limited information or items that are entitled to, under the applicable legal principles, treatment as confidential. As such, the Protective Order will contain the following terms and conditions:
1. Proceedings and Information Governed. This Stipulation and Order will govern any document, information, or other thing furnished or produced by any party, including third parties, to any other party in connection with this action that might reveal confidential business information, including but not limited to trade secrets, proprietary information, and financial information which may be produced in this action and designated by the producing party as "confidential information or material" as defined below. The information protected includes, but is not limited to, information contained in responses to written discovery; deposition testimony and exhibits; and all copies, extracts, summaries, compilations, designations, and portions of the foregoing.
2. Confidential Information or Material Defined. For purposes of this Stipulation and accompanying Order, "confidential information or material" will mean all information or material that:
a. Is produced for or disclosed to a receiving party (Plaintiffs or Defendants); and
b. A party (Plaintiffs or Defendants) reasonably and in good faith believes such information and material constitute confidential information as set forth in Rule 26(c) of the Federal Rules of Civil Procedure, or otherwise constitute business proprietary and/or confidential material or financial information, whether embodied in physical objects, documents, or other factual knowledge of persons, and specifically shall include but not necessarily be limited to third party information; and
c. Has been designated as confidential information by the producing party in compliance with this Stipulation and Order, and prior to its production.
3. Designation of Confidential Information or Material. The producing party may designate confidential information by stamping or affixing to the physical objects, documents, discovery responses, or deposition transcripts a stamp or other inscription that (1) states: "Confidential" and (2) the case number: "CV13-02092-BRO (PLAx)."
For written material, documents, or other tangible items, the designation of confidential information or material must be made when the material is produced to the receiving party. The designation of any particular page of written material shall indicate that all information contained on that page is designated "confidential" unless otherwise indicated.
For information not reduced to written material, documents, or other tangible items, or information that cannot be conveniently designated as set forth in this paragraph, the producing party must designate the confidential information by giving written notice to the receiving party at the time the confidential information is produced. The written notice must clearly identify that part of the information being produced that is designated as confidential.
4. Party's Own Information. The restrictions on the use of confidential information established by this Stipulation and Order apply only to the use by a party of confidential information received from another party to this action, or from a non-party to this action, ...