MICHAEL E. BREWER, Bar No. 177912, ALEXA L. WOERNER, Bar No. 267609, LITTLER MENDELSON, P.C, Walnut Creek, California, Attorneys for Defendant CVS PHARMACY, INC.
STEVEN KESTEN, Bar No. 152376, JEREMIAH STEPHENS-SMIDDY, SBN 267805, KESTEN-LAW, San Anselmo, CA, PETER F. LACQUES, Bar No. 172970, LAW OFFICE OF PETER F. LACQUES, San Anselmo, CA, Attorneys for Plaintiff, TRI QUACH.
STIPULATED PROTECTIVE ORDER
EDWARD M. CHEN, District Judge.
WHEREAS, the parties herein agree that the proceedings in the above-entitled action may involve the production of financial, proprietary and/or other information that either party or a third party considers to be sensitive, confidential and/or proprietary; and
WHEREAS, the parties herein have read and understand Local Rule 79-5 and agree to abide by its terms;
THEREFORE, IT IS HEREBY STIPULATED by and among the undersigned parties, through their counsel of record that the following restrictions and procedures shall apply to certain information, documents and excerpts from documents supplied by the parties to each other in response to discovery requests:
1. This Stipulated Confidentiality Agreement and Protective Order ("Order") issued thereon shall govern all documents and discovery materials produced within the context of this litigation.
2. As used herein, the term "counsel of record" shall mean the attorneys of record in this proceeding, their partners and associates, paralegals, clerks, assistants and other persons employed by such attorneys, all of whom shall be bound by the provisions of this Order.
3. Counsel for any party may designate any document, information contained in a document, information revealed in an interrogatory response or information revealed during a deposition as confidential if counsel determines, in good faith, that such designation is necessary to protect the interests of the client or reasonably believes such information constitutes confidential or proprietary information and/or trade secrets relating to the client's business and/or information in which the party or third parties have a privacy interest. Information and documents designated by a party as confidential will be stamped "CONFIDENTIAL." "CONFIDENTIAL" information or documents may be referred to collectively as "CONFIDENTIAL INFORMATION."
4. As used herein, the term CONFIDENTIAL INFORMATION shall refer to:
(a) Any documents (including any portions thereof and any information contained therein) designated to be confidential by any party and which has had stamped or affixed thereon the word "CONFIDENTIAL." Stamping the legend "CONFIDENTIAL" on the cover of any multi-page document shall designate all pages of the document as confidential, unless otherwise indicated by the designating party.
(b) All deposition testimony, including oral testimony, deposition transcripts and the information contained therein, shall initially be treated as CONFIDENTIAL INFORMATION and be included within the terms of this Order without the necessity of designating the testimony as CONFIDENTIAL INFORMATION. Upon transcription of the deposition, counsel shall have 20 days after receipt of the transcript to notify the deposition reporter and other counsel of record in writing of the portions of the transcript designated as confidential. Depositing the written notice in the United States mail within such twenty 20 days shall be deemed timely compliance with this requirement. All other portions, or the entire transcript if no designation is made, shall not be confidential and shall not be within the terms of this Order. Alternatively, the parties may agree during any deposition that a part or all of the testimony shall be designated as CONFIDENTIAL INFORMATION. The parties may agree that the transcript of the designated testimony shall be bound in a separate volume and marked "CONFIDENTIAL" by the reporter. Alternatively, the parties may agree that part of the testimony is CONFIDENTIAL without having that designated part transcribed in a separate volume.
(c) CONFIDENTIAL INFORMATION does not include any information or documents lawfully obtained or produced by a party outside of the context of discovery in this litigation. However, nothing in this Order shall affect the rights of any party to enforce any rights it may have regarding the confidentiality of documents and other information disclosed or transferred to another party or person prior to the institution of the present litigation.
5. In the event a party challenges another party's confidential designation, the party who objects to the designation of material as CONFIDENTIAL INFORMATION shall notify the designating party in writing of that objection, specifying the designated material to which the objection is made. Within 10 days of service of the written objection, counsel shall meet and confer in good faith to attempt to resolve the dispute. In the absence of a resolution, the challenging party may thereafter seek resolution by the Court in a timely manner. If no such motion is filed within 45 days after the parties "meet and confer" as provided above, the material will be deemed conclusively subject to the protection of this Order for purposes of discovery. The designating party shall have the burden of establishing the confidential nature of the designated material and that it is entitled to protection under applicable law. All documents designated ...