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Travelers Commercial Insurance Co. v. Watts Water Technologies, Inc.

United States District Court, Ninth Circuit

December 10, 2013

TRAVELERS COMMERCIAL INSURANCE COMPANY, Plaintiff,
v.
WATTS WATER TECHNOLOGIES, INC., WATTS REGULATOR CO., a wholly-owned subsidiary of WATTS WATER TECHNOLOGIES, INC., and DOES 1 through 10, inclusive, Defendants.

[Proposed] PROTECTIVE ORDER PROTECTIVE ORDER

RALPH ZAREFSKY, Magistrate Judge.

PROTECTIVE ORDER

Pursuant to Federal Rules of Civil Procedure 26(c)(1)(G), the court finds good cause to issue a protective order in this matter and hereby grants Defendant Watts Regulator Co.'s ("Watts") Motion for a Protective Order [See Doc. 27 & 32]. The Protective Order shall issue as follows:

1. PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting and defending this litigation would be warranted. The courts finds that there is a sufficient showing that trade secrets and/or confidential business information has been requested and therefore should be precluded from public disclosure. However, 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 under the applicable legal principles to treatment as confidential. As set forth in Section 10, below, that this Protective Order creates no entitlement to file confidential information under seal.

Further, this Court limits this Protective Order to non-dispositive pretrial matters. If protection is desired in connection with dispositive motions, then Watts must seek such protection separately from the judicial officer who will preside over those proceedings.

Furthermore, this Protective Order does not govern matters to be submitted at trial. If protection is sought for material to be used at trial, the trial judge must make any determination to preclude such material from public disclosure pursuant to the applicable legal standards. See Foltz v. State Farm Mutual Auto Insurance Co., 331 F.3d 1122, 1136 (9th Cir. 2003); Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006).

If matters are not made public in connection with dispositive motions or at trial, then such matters and material shall be kept confidential after the end of this case, through destruction or return of documents or confidential transcripts, pursuant to section 11 Final Disposition.

2. DEFINITIONS

2.1 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and outside counsel (and their support staff).

2.2 Disclosure or Discovery Material: all items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.

2.3 "Confidential" Information or Items: information (regardless of how generated, stored or maintained) or tangible things that qualify for protection under standards developed under F.R.Civ.P. 26(c).

2.4 "Highly Confidential - Attorneys' Eyes Only" Information or Items: extremely sensitive "Confidential Information or Items" whose disclosure to another Party or nonparty would create a substantial risk of serious injury that could not be avoided by less restrictive means.

2.5 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.

2.6 Producing Party: a Party or non-party that produces Disclosure or Discovery Material in this action.

2.7. Designating Party: a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as "Confidential" or "Highly Confidential-Attorneys' Eyes Only."

2.8 Protected Material: any Disclosure or Discovery Material that is designated as "Confidential" or as "Highly Confidential-Attorneys' Eyes Only."

"Protected Material" includes information which falls within the following categories:

"Manufacturing Process(es)" - Includes information and documents which reflect assembly and design drawings, specifications, product materials, component materials, testing, and quality assurances;

"Research and Development" - Includes information and documents which reflect product development, product research and testing, product performance evaluations, new designs and product approval from applicable agencies; and

"Miscellaneous Proprietary Business Information" - Includes information and documents which reflect internal strategies relating to customer, consumer and public relations, market strategies and internal product reports.

2.9 Outside Counsel: attorneys who are not employees of a Party but who are retained to represent or ...


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