MICHAEL WILLIAMSON, and DWIGHT LAY, individually and on behalf of all others similarly situated, Plaintiffs,
ERICK GEISLER, GS ENTERTAINMENT LLC, a California Limited Liability Company, MUSE PRODUCTIONS, INC., a California Corporation, and NICK CASSAVETES, Defendants.
PROTECTIVE ORDER [CHANGES MADE BY COURT TO PARAGRAPHS 9, 12, AND 13]
JACQUELINE CHOOLJIAN, Magistrate Judge.
Pursuant to the Stipulation of the parties filed herein and for good cause shown, it is hereby ORDERED as follows:
1. Scope of Order. This Order is intended to facilitate the parties' production of information and documents as part of voluntary disclosure and in response to discovery requests. Nothing in this order is to be construed to expand or limit the parties' discovery obligations. This Order covers the production and use of all Discovery Materials in this action that constitute, contain or disclose, in whole or in part, information which the designating party deems to be "Confidential Information." All Documents, Pleadings, and testimony containing Confidential Information shall be protected in accordance with the terms of this Order. Although Discovery Materials and Pleadings that quote, summarize, or contain materials entitled to protection may be accorded status as Confidential Information, to the extent feasible these materials shall be prepared in such a manner that the Confidential Information is bound separately from that not entitled to protection.
2. General Definitions. For purposes of this Order, the following terms have the following meanings:
(a) "Document" shall mean and include, without limitation, all materials, electronic information and tangible things defined as broadly as permitted under Federal Rule of Civil Procedure 34.
(b) "Discovery Materials" shall mean and include, without limitation, Documents, responses to interrogatories, requests for admissions, or other discovery requests, physical objects, samples, CD-ROMs, tapes and other items, deposition transcripts and exhibits thereto, and information provided by or on behalf of the Parties or any third party pursuant to subpoena, or otherwise created or included in the course of discovery.
(c) "Pleadings" shall mean and include, without limitation, all papers, motions, briefs, affidavits, declarations, exhibits, etc., filed with the Court.
(d) "Party" or "Parties' shall mean and include the parties to this litigation and their respective current officers, employees, agents, advisors, affiliates and subsidiaries.
(e) "Designating Party" shall mean the Party or Parties designating Discovery Material as "Confidential Information."
3. Confidential Information Defined. For purposes of this Order, "Confidential Information" shall mean and include any information (regardless of how it is generated, stored, or maintained), including Documents, Discovery Materials and Pleadings, that contains information within the scope of Federal Rule of Civil Procedure 26(c), California Civil Code Section 3426 et seq., or which is otherwise a trade secret, proprietary, confidential commercial or business information, or otherwise confidential or private.
4. Designating Protected Material. All designations shall be made in good faith by the Designating Party or their counsel of record and made at the time of disclosure, production, or tender, provided that the inadvertent failure to so designate does not constitute a waiver of such claim, and a producing party may so designate the information after such information has been produced, with the effect that such information is thereafter subject to the protections of this Order. The designation of Discovery Materials in the form of Documents and Discovery Materials other than depositions or other pretrial testimony as Confidential Information shall be made by affixing the legend "CONFIDENTIAL" or similar confidential designation on each page containing any Confidential Information (or in the case of computer medium or other tangible item on the item's label and/or cover) to which the designation applies.
5. Designation of Deposition Testimony. Consistent with the foregoing requirement of good faith, during a deposition, any Party or counsel of record may designate the deposition or any portion thereof as Confidential Information. Upon such designation, the entire deposition transcript or the designated portion thereof shall be treated as Confidential Information subject to this Order.
6. Basic Disclosure Principles. Neither the Parties nor their counsel shall permit disclosure of Confidential Information to anyone except as provided by this Order, and only after ...