TOTAL TRANSPORTATION SERVICES, INC., a California corporation; OVERSEAS FREIGHT, INC. a California corporation; and SOUTHERN COUNTIES EXPRESS, INC., a California corporation, Plaintiffs,
JULIE SU, LABOR COMMISSIONER OF THE STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, in her official capacity, Defendants.
ORDER RE STIPULATED PROTECTIVE ORDER
ANDREW J. WISTRICH, Magistrate Judge.
Based upon the Stipulated Protective Order submitted by Plaintiffs Total Transportation Services, Inc., Overseas Freight, Inc., and Southern Counties Express, Inc. and Defendant Julie Su, Labor Commissioner of the State of California, Department of Industrial Relations, in her official capacity on November 26, 2013, and for good cause shown:
The Court hereby orders the following:
1. Purposes and Limitations: Parties anticipate that discovery in this action may involve the disclosure of confidential, proprietary, trade secret and/or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation is warranted under Federal Rule of Civil Procedure 26(c) et seq. The confidential, proprietary, trade secret or private information that may be produced in this action fall into four categories. They are: (1) customer lists; (2) internal pricing information; (3) insurance premium information; and (4) financial and tax documents not known to the public and having some proprietary or other value to the business arising in part from their confidential nature (defined herein as "Confidential Information").
Parties contend that good cause exists to protect Confidential Information, to the extent prejudice or harm to a Party will result if no Protective Order is granted. Parties contend that this Protective Order is needed to ensure fair and efficient completion of discovery while protecting the Parties' rights in such confidential, sensitive information and minimizing judicial intervention in the discovery process. In particular, Plaintiffs contend that each of their business competitors will obtain an unfair advantage, Plaintiffs will be economically prejudiced, and trade secrets will be infringed if any of the Confidential Information is published for purposes outside those permitted in this Protective Order.
Parties also contend that good cause may exist for the protection of other confidential and proprietary documents that fall outside of the categories listed above ("Other Confidential Information, " defined below), which have not been identified at this time.
The Parties designating documents for protection under this Order acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited information or items that are entitled to protection under the applicable legal principles regarding confidentiality.
(a) Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and outside counsel (and their support staff).
(b) Confidential Information: information (regardless of how generated, stored or maintained) or tangible things that comprise (1) customer lists; (2) internal pricing information; (3) insurance premium information; and (4) financial and tax documents not known to the public and having some proprietary or other value to the business arising in part from their confidential nature.
(c) Other Confidential Information: information that is confidential, proprietary, trade secret and/or private for which special protection from public disclosure is afforded under the law, and is designated as "Confidential", but does not fall within one of the four categories comprising Confidential Information.
(d) Receiving Party: a Party that receives discovery material from a Producing Party.
(e) Producing Party: a Party or non-party that produces discovery material in this action.
(f) Designating Party: a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as "Confidential" and/or "Proprietary."
(g) Outside Counsel: attorneys who are not employees of a Party but who are retained to represent or ...