MANATT, PHELPS & PHILLIPS, LLP, ROBERT H. PLATT, (SBN 108533) ADRIANNE E. MARSHACK, (SBN 253682) Los Angeles, CA. Attorneys for Defendant RAYTHEON COMPANY
FREEMAN, FREEMAN & SMILEY, LLP, MICHAEL BLUMENFELD, (SBN 56577) JOHN P. GODSIL, (SBN 174356) Los Angeles, CA. Attorneys for Plaintiff LEANNA TOUPS
STIPULATED PROTECTIVE ORDER
MICHAEL R. WILNER, Magistrate Judge.
The parties to this action, through their counsel of record, have stipulated and agreed that an order under Federal Rule of Civil Procedure 26(c) is necessary and useful to protect the confidentiality of documents and other information obtained in the course of discovery in this action, and have stipulated and agreed to be bound by the terms of this Protective Order ("Protective Order").
The materials to be exchanged in the course of this litigation may contain confidential information including but not limited to trade secret or other confidential research, marketing, financial or other commercial information. The purpose of this Protective Order is to protect the confidentiality of such materials during the litigation.
1. The term "Confidential Information" shall mean and include any information disclosed in this litigation, regardless of the medium or manner in which it is generated, stored, maintained, or produced (including, among other things, testimony, transcripts, documents and other tangible things), which is deemed by a party to this case to constitute trade secret, proprietary, or sensitive information, including but not limited to financial data, research and development information; customer and supplier information; company personnel information; marketing strategies and information; strategic business information (including but not limited to business plans, forecasts, cost information, or logistical information); and any other information that affords the producing party in this litigation an actual or potential economic advantage over others.
2. The term "Outside Counsel" shall mean outside counsel of record, and other attorneys, paralegals, secretaries, and other support staff employed in the following law firms: Manatt, Phelps & Phillips, LLP and Freeman, Freeman & Smiley, LLP.
3. The term "Designating Party" shall mean a party that designates information as Confidential Information.
4. Each party to this litigation may designate information as "CONFIDENTIAL" if, in the good faith belief of such party and its counsel, the materials fall within the Confidential Information definition herein and the disclosure of such information could be prejudicial to the business or operations of such party, or would violate court orders and/or confidentiality restrictions involving parties not involved in this litigation. A Designating Party must take care to designate for protection only those parts of documents that qualify, so that other portions of documents for which protection is not warranted are not designated as "CONFIDENTIAL."
5. To designate as "CONFIDENTIAL, " the producing party must mark each page of the document with the appropriate designation before producing it. However, for documents produced by another party or a non-party, or court transcripts, or any documents produced prior to entry of this Protective Order, a party can assert confidentiality through correspondence to all other parties that specifically identifies each document that will receive a confidentiality designation.
6. Deposition testimony and/or deposition exhibits shall be designated on the record during the deposition whenever possible. A party may also designate such testimony and exhibits after transcription of the proceedings; a party shall have until twenty (20) days after receipt of the deposition transcript to inform the other party or parties of the portions of the transcript so designated.
7. The disclosing party shall have the right to exclude from attendance at said deposition, during such time as the Confidential Information is to be disclosed, any person other than the deponent, Outside Counsel (including their staff and associates), the court reporter, the ...