MARK D. BRUTZKUS, - Bar No. 128102 JEFFREY A. KOBULNICK, - Bar No. 228299 EZRA BRUTZKUS GUBNER LLP, Woodland Hills, CA, Attorneys for Defendants, JUMP APPAREL CO., INC., MARINA, INC., DILLARD'S, INC., THE BON-TON DEPARTMENT STORES, INC. and MACY'S RETAIL HOLDINGS, INC.
MATTHEW L. SEROR, BUCHALTER NEMER APC, Attorneys for Defendant, Romex Textiles, Inc.
STEPHEN M. DONIGER, DONIGER/BURROUGHS APC, Attorneys for Plaintiff.
STIPULATED PROTECTIVE ORDER
JOHN E. McDERMOTT, Magistrate Judge.
Pursuant to Fed.R.Civ.P. 26(c), Plaintiff Malibu Textiles, Inc. and Defendants Jump Apparel Co., Inc., Marina, Inc., Dillard's, Inc., The Bon-Ton Department Stores, Inc., Macy's Retail Holdings, Inc. and Romex Textiles, Inc., through undersigned counsel, jointly submit this Stipulated Protective Order to govern the handling of information and materials produced in the course of discovery or filed with the Court in this action;
GOOD CAUSE STATEMENT
It is the intent of the parties and the Court that information will not be designated as confidential for tactical reasons in this case and that nothing be so designated without a good faith belief that there is good cause why it should not be part of the public record of this case. Examples of confidential information that the parties may seek to protect from unrestricted or unprotected disclosure include:
(a) Information that is the subject of a non-disclosure or confidentiality agreement or obligation;
(b) The names, or other information tending to reveal the identity of a party's supplier, designer, distributor, or customer;
(c) Agreements with third-parties, including license agreements, distributor agreements, manufacturing agreements, design agreements, development agreements, supply agreements, sales agreements, or service agreements;
(d) Research and development information;
(e) Proprietary engineering or technical information, including product design, manufacturing techniques, processing information, drawings, memoranda and reports;
(f) Information related to budgets, sales, profits, costs, margins, licensing of technology or designs, product pricing, or other internal financial/accounting information, including non-public information related to financial condition or performance and income or other non-public tax information;
(g) Information related to internal operations including personnel information;
(h) Information related to past, current and future product development;
(i) Information related to past, current and future market analyses and business and marketing development, including plans, strategies, forecasts and competition; and
(j) Trade secrets (as defined by the jurisdiction in which the information is located).
Unrestricted or unprotected disclosure of such confidential technical, commercial or personal information would result in prejudice or harm to the producing party by revealing the producing party's competitive confidential information, which has been developed at the expense of the producing party and which represents valuable tangible and intangible assets of that party. Additionally, privacy interests must be safeguarded. Accordingly, the parties respectfully submit that there is good cause for the entry of this Protective Order.
The parties agree, subject to the Court's approval, that the following terms and conditions shall apply to this civil action.
1 Designated Material.
1.1 Information or material may be designated for confidential treatment pursuant to this Protective Order by any party, person or entity producing or lodging it in this action (the "Designating Party"), if: (a) produced or served, formally or informally, pursuant to the Federal Rules of Civil Procedure or in response to any other formal or informal discovery request in this action; and/or (b) filed or lodged with the Court. All such information and material and all information or material derived from it constitutes "Designated Material" under this Protective Order.
1.2 Unless and until otherwise ordered by the Court or agreed to in writing by the parties, all Designated Materials designated under this Protective Order shall be used by the parties and persons receiving such Designated Materials solely for conducting the above-captioned litigation and any appellate proceeding relating thereto. Designated Material shall not be used by any party or person receiving them for any business or any other purpose. No party or person shall disclose Designated Material to any other party or person not entitled to receive such Designated Material under the terms of this Protective Order. For purposes of this Protective Order, "disclose" or "disclosed" means to show, furnish, reveal or provide, indirectly or directly, any portion of the Designated Material or its contents, orally or in writing, including the original or any copy of the Designated Material.
2. Access to Designated Materials.
2.1 Materials Designated "CONFIDENTIAL": Subject to the limitations set forth herein this Protective Order, Designated Material may be marked "CONFIDENTIAL" for the purpose of preventing the disclosure of information or materials that the designating party in good faith believes is confidential. Before designating any specific information or material "CONFIDENTIAL", the Designating Party's counsel shall make a good faith determination that the information warrants protection under Rule 26(c) of the Federal Rules of Civil Procedure. Such information may include, but is not limited to:
(a) The financial performance or results of the Designating Party, including without limitation income statements, balance sheets, cash flow analyses, budget projections, and present value calculations;
(b) Corporate and strategic planning by the Designating Party, including without limitation marketing plans, competitive intelligence reports, sales projections and competitive strategy documents;
(c) Names, addresses, and other information that would identify customers or prospective customers, or the distributors or prospective distributors of the Designating Party;
(d) Technical data, research and development data, and any other confidential commercial information, including but not limited to trade secrets of the Designating Party;
(e) Information used by the Designating Party in or pertaining to its trade or business, which information the Designating Party believes in good faith has competitive value, which is not generally known to others and which the Designating Party would not normally reveal to third parties ...