United States District Court, C.D. California
JON D. MEER (SBN 144389) MYRA B. VILLAMOR (SBN 232912) SEYFARTH SHAW LLP, Los Angeles, California, Attorneys for Defendant BEST BUY STORES, L.P.
JML LAW, A Professional Law Corporation JOSEPH M. LOVRETOVICH DAVID F. TIBOR (SBN 230563) KAREN Y. CHO (SBN 282698) ALFREDO NAVA (SBN 282698) Woodland Hills, CA, Attorneys for Plaintiff DAPHNE BOLDEN.
STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIALITY OF DOCUMENTS & INFORMATION
ALICIA G. ROSENBERG, Magistrate Judge.
Plaintiff Daphne Bolden ("Plaintiff") and Defendant Best Buy Stores, L.P., ("Defendant") (collectively "the parties") hereby stipulate by and through their respective attorneys of record as follows:
1. The parties acknowledge that discovery in this action may require the disclosure of documents and other materials that are trade secret, commercially sensitive, proprietary, private or otherwise confidential in nature.
2. The parties hereby agree that any party or non-party subject to discovery in this action may designate documents; deposition testimony, transcripts, and exhibits; responses to interrogatories; responses to requests for admission; and other written, recorded, or graphic information and materials produced by a party or non-party in the course of this action as "Confidential" (hereafter referred to as "Confidential Information"). "Confidential Information" is information that has not been made public and that refers to, describes, or consists of the disclosure of confidential, proprietary, or otherwise non-public business, technical, or financial information, employee personnel and earnings information, or information protected by third-party privacy rights. Confidential Information includes not only the information contained in documents and other materials designated as such pursuant to this Order, but also to any summaries, copies, abstracts, compilations, or other documents or material derived from Confidential Information. The parties acknowledge that the only information to be designated as Confidential Information is that which is properly subject to protection. The parties will not designate as "Confidential" any discovery material without first making a good faith determination that such protection is warranted.
3. The party or third party asserting the "Confidential" designation as to any discovery material shall have the burden of justifying that designation. Until the Court rules otherwise, the challenged discovery material shall be treated as Confidential Information.
4. In the case of documents and other materials produced by a party, the "Confidential" designation shall be made at the time of production. A producing party may designate as "Confidential, " in whole or in part, any documents or other materials by so advising all other parties and by marking any copies of the documents or other materials, in a manner not affecting legibility, with the word "Confidential." Any party may obtain confidential treatment for documents or other materials previously produced by any party or non-party without such designation if the party seeking the designation sends written notice of such designation to all other parties or non-parties in the possession of such documents or other materials and within thirty (30) days of their production marks the subject documents or other materials with the word "Confidential" and reproduces them. All documents and other materials produced by a non-party and not designated as "Confidential" by a party at the time of their production shall nonetheless be treated as Confidential Information for thirty (30) days following such production.
5. With respect to testimony elicited during depositions, whenever counsel for a party deems that any question or line of questioning calls for the disclosure of information that should be treated as Confidential Information, counsel may: (i) designate on the record prior to such disclosure that such information is being designated as "Confidential" or (ii) give written notice to all other counsel that such information is being designated as "Confidential" within twenty-one (21) days after receiving a copy of the deposition transcript.
6. Confidential Information will be held by the receiving party exclusively for use in connection with the above-captioned action and any appeals thereof. A party shall not disseminate any Confidential Information produced by the other party or by a non-party except as necessary for use in these proceedings, and subject to the further restrictions set forth in paragraph 7, below. The parties shall take reasonable and prudent measures to safeguard the confidentiality of all Confidential Information.
7. Confidential Information shall not be used or disclosed directly or indirectly by the party receiving such Confidential Information to persons other than:
(a) The Court, persons employed by the Court, the stenographer transcribing the testimony or argument at a hearing, trial, or deposition in this action, and any special master or mediator appointed by the Court or agreed-to by the parties;
(b) Counsel of record for any party to this action, as well as regular employees of such counsel, and outside copy services, used to assist in the defense or prosecution of this litigation;
(c) Experts and consultants retained by any party or counsel of record for any party to assist in the defense or ...