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Zhang v. Techtronic Industries North America, Inc.

United States District Court, Ninth Circuit

December 23, 2013

TINGFA ZHANG, Plaintiff,
v.
TECHTRONIC INDUSTRIES NORTH AMERICA, INC., ONE WORLD TECHNOLOGIES, INC., RYOBI TECHNOLOGIES, INC., AND HOME DEPOT, U.S.A., INC., Defendants.

SCHIFF HARDIN LLP, JEFFREY R. WILLIAMS (CSB No. 84156), P. MARK MAHONEY (CSB No. 232549), San Francisco, CA, Attorneys for Defendants Techtronic Industries North America, Inc.; One World Technologies, Inc.; Ryobi Technologies, Inc.; and Home Depot U.S.A., Inc.

HEYGOOD ORR & PEARSON, Charles W. Miller, Dallas, TX, Attorneys for Plaintiff.

DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL MOTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER

SUZANNE H. SEGAL, Magistrate Judge.

Defendants respectfully request that the Court endorse and enter the Stipulated Protective Order executed by the parties and attached as Exhibit 1. Plaintiff, through his counsel of record, has stipulated to the attached Protective Order and does not oppose this motion.

In support of the showing of good cause for the Court's entry of the stipulated Protective Order, defendants state as follows:

1. This action arises out of an accident involving a table saw in which claims of design defect have been made.

2. In connection with discovery in this action, documents, information and things will be furnished that constitute, reflect, or contain trade secrets or other non-public, proprietary or business-sensitive information or things, including, without limitation, confidential research, design, development, financial, corporate, or other commercial information (collectively, "Confidential Materials").

3. In order to preserve the proprietary interests of the parties or third parties in the Confidential Materials being furnished, defendants respectfully request that this Court enter the attached Stipulated Protective Order pursuant to Federal Rule of Civil Procedure 26(c)(1).

4. The entry of this Stipulated Protective Order will not put any undue burden on this Court.

5. Plaintiff has stipulated to the Protective Order and does not oppose this motion.

WHEREFORE, the Parties respectfully request that this Court endorse and enter the Stipulated Protective Order attached hereto as Exhibit 1.

EXHIBIT 1

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, through their undersigned counsel, that:

1. Good Cause Statement

Good cause exists for the entry of this Protective Order. This Protective Order seeks to shield from disclosure those documents, information, or things that constitute, reflect, or contain trade secrets or other non-public, proprietary, or business-sensitive information or things, which are likely to include research, design, development, financial, corporate, or other commercial information concerning the parties. Plaintiff in this action intends to utilize Dr. Stephen F. Gass as an expert witness. Dr. Gass is a direct competitor of Defendants in the manufacture and design of table saws, and the disclosure of Defendants' trade secret, research, design, development, financial, and other particularly sensitive commercial information to Dr. Gass would result in irreparable harm to Defendants' business. Irreparable harm would further result from the disclosure of Defendants' trade secret, research, design, development, financial, and other particularly sensitive commercial information to the public.

2. Proceedings and Information Governed

This Protective Order and any amendments or modifications hereto shall govern any documents, information, or thing furnished by any party, including third parties (hereafter termed "conveying party"), to any other party (hereafter termed "receiving party") in connection with the discovery and pretrial phase of this action.

This Protective Order shall not preclude any party from withholding any document, information, or thing on the basis of the attorney-client privilege or attorney work-product doctrine, or otherwise affect any party's claim of privilege with respect to any such document information, or thing. The inadvertent production of any privileged document, information, or thing shall not be deemed a waiver of such privilege or otherwise affect any party's right to seek return of the inadvertently produced document, information, or thing. Further, this Protective Order shall not preclude any party from withholding any document, information, or thing, the disclosure of which might constitute a breach of an agreement with a third party, nor shall it preclude any party from moving the Court for an order directing the disclosure of such materials.

This Protective Order does not govern proceedings during trial, nor does it prohibit any party from seeking a protective order to govern proceedings during trial.

Subject to the terms set forth below, all information produced by a conveying party shall be used by the parties receiving the information solely for the purposes of preparing for and conducting this action or in other related actions in which counsel for Plaintiff herein also represents the plaintiff or plaintiffs and in which the conveying party has been named as a defendant, and the information shall not be used for any other purpose.

3. Definitions

"CONFIDENTIAL MATERIALS" are any documents, information, or things that constitute, reflect, or contain trade secrets or other non-public, proprietary, or business-sensitive information or things, including, without limitation, confidential research, design, development, financial, corporate, or other commercial information belonging to or concerning a party or conveying party and that a party or conveying party designates as "CONFIDENTIAL" or "CONFIDENTIAL-2" as described below.

"Confidentiality Pledge" shall mean an undertaking, in the form attached hereto as Exhibit A, to be bound by the provisions of this Protective Order.

"Inadvertent Production" shall mean unintentional or accidental production of privileged documents, information, or things for whatever reason, irrespective of whether: (i) such production was careless, reckless, or negligent; or (ii) the precautions taken to avoid such inadvertent production were inadequate.

4. Designation of Confidential Information

a. Documents, information and things produced by a party during the course of this litigation, including but not limited to responses to discovery requests and interrogatories, that are appropriately "CONFIDENTIAL MATERIALS" within the definition provided by Section 2 of this Protective Order may be designated by such party as "CONFIDENTIAL" or "CONFIDENTIAL-2" at the time of production. After such time, a document, information, or thing may be designated as "CONFIDENTIAL" or "CONFIDENTIAL-2" in writing, by any party, provided that any such designation shall be within a reasonable time after disclosure. In addition, within one month of the date of this Protective Order, any party may designate as "CONFIDENTIAL" or "CONFIDENTIAL-2" a document, information, or thing previously produced in this action.

b. Documents, information, and things produced by a party during the course of this litigation, including but not limited to responses to discovery requests and interrogatories, that the producing party has designated as "CONFIDENTIAL" or "CONFIDENTIAL-2" shall be designated by the conveying party as containing "CONFIDENTIAL" or "CONFIDENTIAL-2" information by placing a "CONFIDENTIAL (or CONFIDENTIAL-2) - Subject to Protective Order" legend on each page and each thing, by so indicating in any other reasonable manner appropriate to the form in which the documents, information, or things are made available to the receiving party, or alternatively, by advising the receiving party in writing as to the particular documents, information, or things designated "CONFIDENTIAL" or "CONFIDENTIAL-2."

c. A party may designate information disclosed at a deposition that represents "CONFIDENTIAL MATERIALS" as defined by Section 2 of this Protective Order, including questions, testimony, documents or exhibits, as "CONFIDENTIAL" or "CONFIDENTIAL-2" by requesting that the reporter so designate all or part of the deposition transcript at the time of the deposition or by requesting such designation in writing within a reasonable time after receipt of the deposition transcript. Where only a portion of a deposition transcript contains "CONFIDENTIAL" or "CONFIDENTIAL-2" information, only such portion of the transcript may be so designated. Any portions of a deposition transcript designated "CONFIDENTIAL" or "CONFIDENTIAL-2" and any deposition exhibits so designated shall be bound separately and treated accordingly.

d. Any party invoking "CONFIDENTIAL" or "CONFIDENTIA2" protection during a deposition may exclude from the room any person who is not authorized under this Protective Order to receive information designated "CONFIDENTIAL" or "CONFIDENTIAL-2."

e. Any designation of discovery responses, motion papers, briefs, memoranda or any other papers filed or lodged with the Court and/or served on opposing counsel as "CONFIDENTIAL" or "CONFIDENTIAL-2" shall be made when such papers are filed, lodged and/or served. The filing or lodging with the Court of any document containing "CONFIDENTIAL" or "CONFIDENTIAL-2" information shall be done in conformance with Section 5 of this Protective Order.

f. A party may designate information disclosed at a hearing as "CONFIDENTIAL" or "CONFIDENTIAL-2" by requesting, at the time the information is proffered or adduced, that the Court receive the information ...


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